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WYHA? TTAB Affirms 2(d) Refusal of "AUGUSTINER" for Beer in View of Identical Mark for Same Goods

Let's suppose that you are trying to register the mark AUGUSTINER in the font shown below for "beer, namely, strong beer, low-alcohol beer, beer wort and colorant beer, non-alcoholic beers, non-alcoholic beverages, namely, non-alcoholic beers, malt wort," and the PTO refuses registration under Section 2(d) in view of the registered mark AUGUSTINER for beer. Yes, that's right: essentially the same mark for essentially the same goods. Would you have appealed? In re Augustiner-Brau Wagner KG, Serial No. 79045906 (November 19, 2009) [not precedential].Anyway, suppose the decision is made to appeal, and you have to give it your best shot. What arguments can you brew up that won't fall flat at the TTAB bar?Applicant feebly contended that its mark AUGUSTINER "does not resemble the mark" AUGUSTINER in the cited registration, but "not surprisingly" Applicant offered no explanation...continue to full post

Full post as published by The TTABlog on December 01, 2009 (boomark / email).