The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued two relevant decisions to the wine industry. The decisions are summarized below. In re En Primeur Wines, Inc., Serial No. 87170488 (July 18, 2018) [not precedential]: En Primeur Wines, Inc. (“Applicant”) sought registration on the Principal Register of the mark MY…
Tag: trademark
Recent USPTO Trademark Decisions Relating to Alcohol Beverages
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 In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential]: El Galan, Inc. (“Applicant”) sought registration of the mark TERNURA in standard…
Recent Wine, Beer, and Spirits Decisions by the USPTO TTAB
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 In In re Harlequin Enterprises Limited, Serial No. 86761280 (September 7, 2017) [not precedential], Applicant (Harlequin Enterprises Limited, a purveyor of romance novels) sought to register a design…
On Reserve Trademark Special Through August 31, 2017
On Reserve is excited to announce an exclusive trademark package through Lehrman Beverage Law, PLLC. The package will extend to new clients and trademark registrations through August 31, 2017. For more information, please contact us at trademarks@bevlaw.com or via phone at 202-449-3739 ext. 4. Please mention On Reserve Special 2017.
Wine Law Trademark Series Part 2: Trademark Clearance Searches
This blog article is the second in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts. Why should a winery consider a trademark clearance search? Before registering a mark with the U.S.P.T.O., wineries and wine industry members should consider conducting a trademark…
Wine Law Trademark Series Part 1: Registrability of Marks
This blog article is the first in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts. Wineries often look to common law to protect their marks and intellectual property. This can be a feasible solution if the winery remains small and if…
The Vineyard House Files Trademark Infringement Complaint Against The Napa Vineyard House
As originally reported by the Napa Valley Register, two vineyard “houses” in Napa are currently in disagreement about the use of a similar name. See Lawsuit Claims Confusion Between 2 Napa ‘Vineyard Houses.’ Vineyard House Winery in Oakville is disputing the use of “Vineyard House” by The Napa Vineyard House. On February 1st, The…
Is There a Likelihood of Confusion Between RAM HORN and RAM’s GATE
Ram’s Gate Winery, LLC (opposer) filed a notice of opposition against application Serial No. 862692961 before the United States Patent and Trademark Office. (The application was filed by Opal Moon Winery, LLC on May 1, 2014 and sought registration on the Principal Register based on applicant’s intent to use the mark in…
Is There a Likelihood of Confusion Between Swill and Swell Swill?
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…
Is There a Likelihood of Confusion Between The Beachhouse and Beach House Winery?
A recent application before the United States Patent and Trademark Office sought to register the mark The Beachhouse, A Wine by Douglas Green (in standard characters) for wines in International Class 33 on the Principal Register. See In re LDGB (PTY) LTD, Serial No. 85944842 (April 29, 2016) [not precedential]. The application for…