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ARTICLE · 28 AUGUST 2019

TTAB Finds "BIG SIX" Generic For . . . . Guess What?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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The Board affirmed a refusal to register the term BIG SIX, finding it generic for "wines," or in the alternative, merely descriptive thereof.

United StatesIntellectual Property

The Board affirmed a refusal to register the term BIG SIX, finding it generic for "wines," or in the alternative, merely descriptive thereof. The Board agreed with Examiner Samuel Paquin that "Big Six" refers to six common types of wine: usually Riesling, Sauvignon Blanc, Chardonnay (white), Pinot Noir (red), Merlot, and Cabernet Sauvignon. In re Plata Wine Partners, LLC, Serial No. 87292254 (August 22, 2019) [not precedential] (Opinion by Judge George C. Pologeorgis).

The Examining Attorney submitted numerous excerpts from various websites, as well as results from a Google search, demonstrating use of "big six" in reference to wines. The Board noted that sometimes the list of six wines varies: e.g., Syrah is substituted for Merlot, Pinot Grigio is substituted for Sauvignon Blanc, and Zifandel is substituted for Riesling, but these variances did not change the Board's analysis.

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