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Affirming 2(d) Refusal of "COMMANDER-IN- CHIEF," TTAB Finds Board Games and Playing Cards Related

In this Section 2(d) Board game, the TTAB found the mark COMMANDER-IN-CHIEF for "equipment sold as a unit for playing board games" likely to cause confusion with the nearly identical mark COMMANDER IN CHIEF for playing cards. Applicant's arguments that Registrant sells its goods to tourists in Washington, DC and other touristy areas and that Registrant may no longer be using its mark were simply irrelevant to the Board's determination. In re Paul D. Miller, Serial No. 77332676 (January 27, 2010) [not precedential].Not surprisingly, the Board found the involved marks to be "substantially identical," a fact that weighed heavily against Applicant. Moreover, when marks are substantially identical, a lesser degree of closeness between the goods is necessary to support a finding of likely confusion...continue to full post

Full post as published by The TTABlog on January 28, 2010 (boomark / email).