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Finding Wine and Beer Related, TTAB Affirms 2(d) Refusal of "BEAR REPUBLIC" over "BEAR REPUBLIC RICARDO'S RED ROCKET ALE & Design"

E. & J. Gallo's attempt to register the mark BEAR REPUBLIC for wine was stymied by the USPTO's Section 2(d) refusal based upon the registered mark RED ROCKET RICARDO'S BEAR REPUBLIC ALE & Design for beer and ale [ALE disclaimed]. The Board affirmed, finding the marks similar and, based on third-party registration evidence, the goods related. In re E. & J. Gallo Winery, Serial No. 77458162 (August 13, 2009) [not precedential].As to the goods, Examining Attorney Dayna J. Browne submitted "eleven third-party use-based registrations that include in their identification of goods both wine and beer (and/or ale)." The Board cited In re Mucky Duck Mustard Co., 6 USPQ2d 1467 (TTAB 1988) and In re Albert Trostel & Sons, Co., 29 USPQ2d 1783 (TTAB 1993), in finding that these registrations "have probative value to the extent that they serve to suggest that the goods listed therein are of a kind which may emanate from a single source under a single mark...continue to full post

Full post as published by The TTABlog on September 11, 2009 (boomark / email).