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TTABlog Test: Is Beer Related to "Alcoholic Beverages Except Beer" for Section 2(d) Purposes?

We often scoff at the TTAB's pronouncements that there is no per se rule that all alcoholic beverages are related, but put your cynicism aside while you read this case. The Board sustained in part an opposition to registration of the mark EIDOLON for "spirits, excluding distilled blue agave liquor and mezcal; wine," finding confusion likely with Campari's registered mark ESPOLON for "alcoholic beverages except beers." However, the Board dismissed Campari's Section 2(d) claim against EIDOLON for "beer." Campari Mexico, S.A. de C.V. v. Grant Toland, Alexander Prenta and Russ Bennett, Opposition No. 91250805 (August 31, 2020) [not precedential] (Opinion by Judge Peter W. Cataldo). The Marks: The parties and the Board all agreed that "both marks are not English word[s] and are therefore not immediately likely to be translated in the minds of English speakers...continue to full post

Full post as published by The TTABlog on October 15, 2020 (boomark / email).