Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

TTABlog Test: Are Coffee and Hard Cider Related for Section 2(d) Purposes?

The USPTO refused to register the mark BEAN BLOSSOM for "coffee, but not including alcoholic beverages," finding a likelihood of confusion with the registered mark BEANBLOSSOM for "hard cider." Applicant Cooper Moon argued that the space in its mark creates a different cadence from the cited mark, that the products differ in nature (one being a depressant, the other a stimulant), and that pairs of third-party registrations for marks covering coffee and beer show that in this field confusion between identical marks is unlikely. How do you think this came out? In re Cooper Moon Coffee LLC, Serial No. 88064160 (September 29, 2020) {not precedential] (Opinion by Judge Elizabeth A. Dunn]. The Marks: As to the marks, the Board rejected applicant's "cadence" argument, Both marks are comprised of ordinary words with a recognizable pronunciation, and applicant offers no explanation why they would be pronounced differently...continue to full post

Full post as published by The TTABlog on October 07, 2020 (boomark / email).