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The USPTO denied registration of the proposed mark. BEST KNIGHT GAMES for board games, card games, checkers games, chess games, dice games, equipment sold as a unit for playing board games, go games, parlor games, puzzles, strategy games, board games, chess equipment and accessories, chess clocks, chess timers”, believing that the sign is just a description of the goods. The applicant claimed that the mark is “suggestive in relation to the goods claimed and suggests that the products can be enjoyed at night and come from a source that prides itself on being honorable, fun, excellent and entertaining.” How do you think it turned out? In re Portland Chess Shop LLCApplication serial number 90433730 (November 15, 2022) [not precedential] (Opinion of Judge Mark A. Bergsman).
Investigating Attorney Andrea Cornwell, unsurprisingly, relied on dictionary definitions of “best”, “knight” and “games”, leading the Board to conclude that “when used in connection with the products listed by the Complainant in the description of the products listed above , consumers will perceive BEST KNIGHT GAMES as superior action featuring a medieval armored mounted soldier.” Third party websites using the terms “knight games” and “best games of the night” have confirmed this meaning.
The Board rejected the Applicant’s argument that the proposed trademark is suggestive of the goods and “does not convey information about the quality, properties, functions or characteristics of the Applicant’s goods to the average consumer.” The council found that “when the BEST KNIGHT GAMES sign is used in connection with board games, house games, or strategy games, consumers are immediately aware that the activity (game) involves armored medieval mounted soldiers (i.e., knights).”
The applicant also argued that his use of the word “Best” makes the BEST KNIGHT GAMES mark eligible for registration, as “Best” does not indicate which aspects, if any, are better than other similar products. The council was adamant. “The Applicant’s use of the word ‘Best’ is laudatory. Commendatory terms that attribute quality or excellence to goods or services, such as the Applicant’s use of the word “Best” in BEST KNIGHT GAMES, are merely descriptive under Section 2(e)(1). ) Trademark Law”.
So, the Board confirmed the denial of registration.
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