HQ 462465 - Ruling Request; International Golf Warehouse; Seal - United States International Trade Commision Rulings

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August 6, 1996

HQ 462465

IT:IP:RR 462465 MS

CATEGORY: TRADEMARKS

Mauricio Hodgson
Import Supervisor
Priority One International
3419 Trentwood Blvd
Orlando, Florida 32812

RE: Ruling Request; International Golf Warehouse; Seal

Dear Mr. Hodgson:

This is in response to your request dated July 22, 1996, for a binding ruling under 19 CFR 177.1(a)(1), regarding certain merchandise bearing the marks "seal" or "SL and Design".

FACTS:

Your correspondence included as a sample a metal golf club head, a 6 iron. The plate is slightly curved containing the number "6". The surface of the head is polished chrome, except for the strike area on the face of the club, which appears to be a sandblasted finish and the cavity on the back of the club which also appears to be sandblasted. Running horizontally across the sandblasted area of the strike face are horizontal grooves. The bottom groove is yellow. The number "6" appears on the top left portion of the strike face. The back of the club is formed by a cavity which appears to have been sandblasted. Within the cavity, there appears the mark "seal". The "s" is stylized, resembling a backward "z". The "e" is stylized, resembling an upside down, backward "a". To the left of the "seal" mark appears in yellow outline a four pointed crown above a shied containing an "S" interwoven above an "L". The "seal" mark and the "SL and Design" mark appear within a graded oval perimeter. Within the cavity, outside the oval perimeter, appears the mark "SL 201". The club hosel is offset from the blade.

ISSUE:

Do the marks "seal", "zeal" or "SL and Design" on the submitted golf iron head infringe on any registered and recorded trademark.

LAW AND ANALYSIS:

A mark is considered infringing upon a registered trademark, pursuant to 15 U.S.C. 1114, where it is "likely to cause confusion, or to cause mistake, or to deceive."

A review of the trademarks recorded with Customs did not reveal any marks which would be infringed by the marks on the submitted sample. Additionally, our review of the trademarks registered with the Patent and Trademark Office, Trademark Registration Information File revealed no registered trademarks for "seal" , "zeal", or "SL and Design" relating to golf merchandise.

HOLDING:

Based on the above, we conclude that the marks do not infringe on any registered or recorded marks currently being enforced by Customs.

Sincerely,

John F. Atwood, Chief
Intellectual Property Rights Branch

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