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TTAB Says "No Way" to "JOSE," Finds it Confusingly Similar to "JOSE CORTEZ" for Tequila

Applicant Tequila Cuervo, owner of the mark JOSE CUERVO, was foiled in its attempt to register the mark JOSE for tequila and non-alcoholic mixes for use with tequila. The Board sustained Opposers' 2(d) opposition, finding the mark likely to cause confusion with the mark JOSE CORTEZ, registered for tequila. Chatam International Incorporated and 750 ML, LLC1 v. Tequila Cuervo La Rojena, S.A. de C.V., Opposition No. 91170109 (April 28, 2008) [not precedential].The critical issue was, of course, the similarity or dissimilarity of the marks. Applicant argued that Opposers' mark JOSE CORTEZ is a unitary mark and that, because JOSE is a common name, the CORTEZ portion renders the mark readily distinguishable from the mark JOSE. According to Applicant, if JOSE calls to mind another mark, it will be Applicant's JOSE CUERVO mark, which, Applicant contended, is a well-known mark in this country...continue to full post

Full post as published by The TTABlog on May 14, 2008 (boomark / email).