An Update on the “(BILL’S VERSION)” Trademark Applications: Does Adding or Deleting a Term Increase or Decrease the Likelihood of Confusion?

NO DAYS OFF (BILL'S VERSION), Application Serial No, 99120069 (U.S. Pat. & Trademark Off. Apr. 3, 2025) https://tsdr.uspto.gov/#caseNumber=99120069&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

By Hannah Lee

As noted in our earlier post, TCE Rights Management LLC (“TCE”) filed “(BILL’S VERSION)” USPTO trademark applications for a few of coach Bill Belichick’s catchphrases. One question we asked was whether the addition of “(BILL’S VERSION)” could help to distinguish the marks in the coach’s applications from various marks in existing trademark registrations, including those already owned by the New England Patriots. 

Fast forward to earlier this month, the USPTO issued Office Actions against Belichick’s various applications. As an example, the Trademark Examining Attorney (“Examiner”) refused the application for “NO DAYS OFF (BILL’S VERSION),” citing a likelihood of confusion with three existing registrations and multiple pending applications. For your reference, those three registrations are (summarized): (1) NODAYSOFF Reg. No. 7718129 for clothing owned by NDO HOLDINGS, LLC; (2) NO DAYS OFF ENTERTAINMENT Reg. No. 6173841 for production of multimedia content owned by No Days Off Entertainment LLC; and (3) NO DAYS OFF Reg. No. 6069742 for providing expert commentary on sports events via the Internet owned by New England Patriots LLC. In the Office Action, the Examiner alleged that when a new mark adds extra wording to an existing one, it can often heighten the similarity due to the shared element likely remaining the focus. Procedurally, TCE now has the option to respond to the Office action with arguments and/or let the application be suspended pending the outcome of the cited applications.