IP Law Daily, TRADEMARK—TTAB: Refusal to register DRAGON SLAYERS mark for role-playing game equipment reversed, (Nov 5, 2025)

By Carolin Dennis, B.Sc., LL.B., LL.M.

The TTAB found that while the applicant’s mark was identical in part to the component term “DRAGON SLAYERS” of a cited mark for related goods, the registered mark included other distinctive elements.

In a non-precedential decision, the Trademark Trial and Appeal Board (TTAB) reversed an examining attorney’s refusal to register the applicant’s standard-character mark DRAGONSLAYER because the applicant’s mark was unlikely to cause confusion with a registered mark for closely related goods. The TTAB concluded that while the applicant’s mark is nearly identical to the registered mark’s component term “DRAGON SLAYERS,” the cited mark’s additional wording “CONQUERORS OF DARKNESS” was nearly as prominent, and its memorable design elements sufficed to overcome any likelihood of confusion (In re Greg Gillespie, No. 97840298 (T.T.A.B. Oct. 29, 2025)).

Background. Greg Gillespie (applicant) sought to register on the Principal Register the mark DRAGONSLAYER in standard characters for role-playing game equipment in the nature of downloadable game book manuals in International Class 9, and role-playing game equipment in the nature of printed game book manuals in International Class 16. The examining attorney refused to register the proposed mark under Section 2(d) of the Trademark Act citing a likelihood of confusion with a registered mark consisting of concentric circles containing the wording “CONQUERORS OF DARKNESS” surrounding a sword design with the wording “DRAGON SLAYERS REV. 12:7-11” for board games and equipment sold as a unit for playing board games in International Class 28. After the refusal was made final, the applicant appealed.

Likelihood of confusion. The TTAB, upon considering the DuPont factors for evaluating a likelihood of confusion, found that it cannot conclude that the applicant’s mark so resembled the registered mark as to be likely to cause confusion, or to cause mistake, or to deceive.

Comparison of the goods. The applicant’s goods are role-playing game equipment in the nature of game book manuals both print and downloadable. The goods in the cited registration are board games and equipment sold as a unit. The TTAB noted that the question posed by this Section 2(d) refusal is not whether consumers will confuse the products, but rather whether consumers are likely to think the goods, as identified in the application and registration, come from the same source in view of the respective marks. The TTAB found that the examining attorney placed in the record evidence that showed that the goods are closely related. Further, the applicant’s arguments to the contrary lacked evidentiary support and without merit. Therefore, the TTAB concluded that the goods are closely related.

Comparison of the channels of trade, classes of customers, and consumer sophistication. The TTAB found that while the record did not contain much evidence of trade channels and classes of customers for the goods in the application and cited registration, the evidence that was there suggested that the trade channels and classes of customers overlap. As to consumer sophistication, the limited evidence suggested that role-playing games include those that families with children can play. Therefore, the TTAB determined that this factor was neutral.

Applicant’s arguments about other registrations. The TTAB rejected the applicant’s arguments because they were not based on any evidence that was properly made of record. Thus, this factor was neutral.

Comparison of the marks. The TTAB considered the similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression. The TTAB agreed with the examining attorney that the marks share a nearly identical term: DRAGONSLAYER and DRAGON SLAYERS, but noted that the term DRAGONSLAYER is singular, and appears to connote one person’s name or nickname, whereas the term DRAGON SLAYERS appears not to connote a name of a person, but rather a description of a group, a connotation reinforced by the phrase “CONQUERORS OF DARKNESS.”

The TTAB also agreed with the applicant that there are other significant differences in the marks like “DRAGON SLAYERS CONQUERORS OF DARKNESS REV.12:7-11” is visually much longer. Phonetically, the registered mark sounds quite different as well. Further, meaning-wise it contained ideas besides the common term “DRAGON SLAYERS”: the phrase “CONQUERORS OF DARKNESS,” which is a different idea; and “REV.12:7-11,” which is a reference to a passage in the Bible. On top of those differences, there were also design elements in the registered mark like a dark circular border containing the phrase “CONQUERORS OF DARKNESS.”

The TTAB did not agree with the examining attorney that the term “DRAGON SLAYERS” is more likely to be perceived as the more dominant portion of the cited, registered mark because the term “CONQUERORS OF DARKNESS” is nearly as prominent, and the design elements are quite memorable as well. Overall, the differences in the two marks resulting from the complexity of how the combination of elements in the cited registration is depicted outweighed the similarity resulting from the DRAGONSLAYER/DRAGON SLAYERS components, the TTAB determined.

In sum, the TTAB determined that even though only one factor (differences in the marks) weighed against likelihood of confusion, while several factors weighed in favor of likelihood of confusion, this case presented a situation where the differences in the marks, taken in their entireties, outweighed the other factors. Therefore, the applicant’s mark is not likely to cause confusion with the registered mark. Accordingly, the refusal to register the applicant’s mark under Section 2(d) of the Trademark Act was reversed.

The Case is Serial No. 97840298.

Judge: Casagrande, T.

Attorneys: Percy T. Beard (Beard and Harris) for Greg Gillespie. Andrea Saunders for the USPTO.

Cases: Trademark USPTO