HQ 462465: Ruling Request; International Golf Warehouse; Seal

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                          August 6, 1996

                            HQ 462465

IT:IP:RR 462465 MS

CATEGORY: Trademark

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.



                              - 2 -

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