One More Drink's One Too Many For TTAB

Trademark attorneys like to explain to clients that they are not only protecting goods listed in their registration but also goods that would be considered related. The related goods or services rule gives trademark owners protection against use of their marks on any product or service which could reasonably be thought by the buying public to come from the same source, or to be affiliated with, connected with or sponsored by the trademark owner.

In this use, related does not mean that there is necessarily any physical relationship between the goods or services identified by the conflicting marks. Rather, it means that the marks as used are related in the mind of the consuming public. And while stating this rule is easy, applying it involves trying to draw lines between various types of products—lines often blurry not only to seasoned practitioners but to courts.