'MANOWAR' Golf Equipment Shot Down By Patent Appeals Board

January 31, 2006

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).

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