'MANOWAR' Golf Equipment Shot Down By Patent Appeals Board

The TTABlog is reporting that a recent attempt by company to register the MAN O'WAR mark (web site) for golf clubs, golf balls, golf bags, and various other items of golf equipment was refused by The Board of Patent Appeals and Interferences after the Board found a likelihood of confusion with the registered mark MANOWAR — owned by Joey DeMaio, leader of the heavy metal band MANOWAR — for t-shirts and hats.

Examining Attorney Charles L. Jenkins, Jr. relied on nine third-party registrations covering both t-shirts and golf items, to show the relatedness of the goods.

Applicant candidly conceded that "golf clubs and t-shirts bearing identical marks are frequently offered by the same registrant" and that past registrations serve to suggest that the goods may emanate from the same source. But Applicant hopelessly argued that Registrant's goods exclude "golf enthusiasts." The Board promptly rejected that argument, since it was based upon an impermissible attempt to read limitations into the identification of goods in the cited registration. Similarly, Applicant's arguments regarding the actual use of Registrant's mark in the marketplace were irrelevant (and unsupported by proof).

Read more at The TTABlog.


Posted in: News


To comment on a BLABBERMOUTH.NET story or review, you must be logged in to an active personal account on Facebook. Once you're logged in, you will be able to comment. User comments or postings do not reflect the viewpoint of BLABBERMOUTH.NET and BLABBERMOUTH.NET does not endorse, or guarantee the accuracy of, any user comment. To report spam or any abusive, obscene, defamatory, racist, homophobic or threatening comments, or anything that may violate any applicable laws, use the "Report to Facebook" and "Mark as spam" links that appear next to the comments themselves. To do so, click the downward arrow on the top-right corner of the Facebook comment (the arrow is invisible until you roll over it) and select the appropriate action. You can also send an e-mail to blabbermouthinbox(@)gmail.com with pertinent details. BLABBERMOUTH.NET reserves the right to "hide" comments that may be considered offensive, illegal or inappropriate and to "ban" users that violate the site's Terms Of Service. Hidden comments will still appear to the user and to the user's Facebook friends. If a new comment is published from a "banned" user or contains a blacklisted word, this comment will automatically have limited visibility (the "banned" user's comments will only be visible to the user and the user's Facebook friends).