ROSSO GRANATO Merely Descriptive, Fails To Function As A Trademark For Wine, Says TTAB

The Board affirmed the USPTO's refusal to register the mark ROSSO GRANATO for wine, finding it to be merely descriptive of the goods, and further finding that it fails to function as a trademark. The Board rejected applicant's argument that the "ordinary American purchaser" would not stop and translate the mark into "red garnet," pointing out that the correct question is whether the ordinary consumer familiar with Italian would stop and translate the term. In re V & C, LLC, Serial No. 86321427 (May 8, 2018) [not precedential] (Opinion by Judge Angela Lykos).

Mere Descriptiveness: The Board has held that Italian is a common modern language for purposes of the doctrine of equivalents. Moreover, Examining Attorney Andrea P. Butler submitted evidence that American consumers of wine, especially younger ones, are more likely to seek out the meaning of foreign wording on a wine label. And so the Board agreed with her that application of the doctrine of equivalents was