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On Reserve

A Wine Law Blog

Tag: beer trademark law

Recent Wine, Beer, and Spirits Decisions by the USPTO TTAB

Lindsey A. Zahn, November 8, 2017November 6, 2017

The USPTO Trademark Trial and Appeals Board (TTAB) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below. In In re Harlequin Enterprises Limited, Serial No. 86761280 (September 7, 2017) [not precedential], Applicant (Harlequin Enterprises Limited, a purveyor of romance novels) sought to register a design…

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USPTO Finds a Likelihood of Confusion for HOODWINKED for Beer and HOODWINKED for Wine

Lindsey A. Zahn, August 21, 2017September 16, 2017

Fetzer Vineyards (“Applicant”) recently sought registration in standard character mark for HOODWINKED on the Principal Register for wine in International Class 33. In re Fetzer Vineyards, Serial No. 86789970 (June 22, 2017) [not precedential].  Originally, the Trademark Examining Attorney refused registration of the mark under Section 2(d) of the Trademark Act…

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Is There a Likelihood of Confusion Between Swill and Swell Swill?

Lindsey A. Zahn, January 9, 2017February 12, 2017

A recent application before the United States Patent and Trademark Office, 10 Barrel Brewing, LLC sought to register the mark SWILL (in standard characters) for beer in International Class 32 (for beer) on the Principal Register. See In re 10 Barrel Bxrewing, LLC, Serial No. 86190248 (May 31, 2016) [not precedential].  The application for registration was…

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Is Home Brewing Co. Merely Descriptive of Beer?

Lindsey A. Zahn, August 11, 2016February 12, 2017

Recently, an application before the United States Patent and Trademark Office sought to register the mark Home Brewing Co. in standard characters on the Principal Register for “Beer; Beer, ale and lager; Beer, ale and porter; Beer, ale, lager, stout and porter; Beer, ale, lager, stout, porter, shandy; Beers; Black beer; Brewed malt-based…

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