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Test Your TTAB Judge-Ability: Two Cases of Beer and Wine

Before you send in your resume for one of the open positions on the TTAB, test your judicial potential on these two Section 2(d) refusals. In the first, the Examining Attorney found the mark UPSLOPE BREWING COMPANY for beer, ale, and lager [BREWING COMPANY disclaimed] likely to cause confusion with UPSLOPE for wines. In the second, EARTHQUAKE HIGH GRAVITY LAGER & Design for "high gravity lager" [HIGH QUALITY LAGER disclaimed] was blocked by EARTHQUAKE for wine. How do you think the appeals came out?In re Upslope LLC., Serial No. 77650402 (January 28, 2011) [not precedential]. The Board not surprisingly found that the similarities in the marks UPSLOPE BREWING COMPANY and UPSLOPE outweigh the differences. As to the goods, the Board agreed with Applicant that beer and wine are not per se related...continue to full post

Full post as published by The TTABlog on February 17, 2011 (boomark / email).