Sports Heritage, U.S.A. Inc.

Trademark Trial and Appeal Board

Nov 25, 1997

No. 74620198 (T.T.A.B. Nov. 25, 1997)

Paper No. 010
EWH/JS
THIS DISPOSITION IS NOT CITABLE
AS PRECEDENT OF THE TTAB NOV. 25, 97
U.S. DEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Sports Heritage, U.S.A. Inc.
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Serial No. 74/620,198
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Leland P. Schermer of Dickie, McCamey & Chilcote, P.C.
Kim Saito, Trademark Examining Attorney, Law Office 109
(Deborah S. Cohn, Managing Attorney)
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Before Sams, Seeherman and Hanak, Administrative Trademark
Judges.
Opinion by Hanak, Administrative Trademark Judge:
Sports Heritage, U.S.A. Inc. (applicant) seeks
registration of PHILADELPHIA BLAZERS in typed capital
letters for “clothing, namely t-shirts, sweatshirts,
jerseys, hats/caps, and sport shirts.” The intent-to-use
application was filed on January 11, 1995.
Serial No. No. 74/620,198
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The Examining Attorney refused registration pursuant to
Section 2(d) of the Lanham Trademark Act on the basis that
applicant’s mark, as applied to applicant’s apparel, is
likely to cause confusion with the mark BLAZERS, previously
registered in typed capital letters for a wide array of
apparel including t-shirts, sweat shirts, jerseys, hats and
sports shirts. This Registration No. 1,774,223 is owned by
Trail Blazers, Inc., an Oregon corporation located in
Portland, Oregon.
When the refusal was made final, applicant appealed to
this Board. Applicant and the Examining Attorney filed
briefs. Applicant did not request a hearing.
In any likelihood of confusion analysis, to key factors
are the similarities of the goods and the similarities of
the marks. Federated Foods, Inc. v. Ford Howard Paper Co.,
544 F.2d 1098, 192 USPQ 24, 29 (CCPA 1976) (“the fundamental
inquiry mandated by Section 2(d) goes to the cumulative
effect of differences in essential characteristics of goods
and differences in marks”).
In this case, applicant’s goods are absolute identical
to some of registrant’s goods (t-shirt, sweat shirts,
jerseys, hats and sports shirts).
Turning to a consideration of the marks, it is
important to remember that “when marks would appear on
virtually identical goods or services, the degree of
Serial No. No. 74/620,198
3
similarity [of the marks] necessary to support the
conclusion the likelihood of confusion declines.” Century
21 Real Estate Corp. v. Century Life of America, 970 F2d
874, 23 USPQ 2d 1698, 1700 (Fed. Cir. 1992). In this case,
the cited mark BLAZERS is owned by an its the nick name of
famous basketball team, namely the Portland Trail Blazers.
Applicant has taken the well known name of a famous
basketball team (BLAZERS) merely added their two
geographically descriptive term PHILADELPHIA, which
applicant has quite properly disclaimed. There are such
circumstances, we find that the use of PHILADELPHIA BLAZERS
and BLAZERS on identical items of apparel which are
associated with sports would result on a likelihood of
confusion.
Decision: The refusal to register is affirmed.
J. D. Sams
E. J. Seeherman
E. W. Hanak
Administrative Trademark
Judges, Trademark Trial
and Appeal Board