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ARTICLE · 14 MARCH 2017

TTAB Serves It Straight Up: TEQUILA Is Not Generic

Since 1958, Luxco has imported and bottled alcoholic beverages, including tequila, and distilled specialties containing tequila.

United StatesIntellectual Property

Addressing whether the word “tequila” can be registered in the United States as a certification mark, the Trademark Trial and Appeal Board (TTAB) answered in the affirmative, dismissing an opposition alleging that “tequila” is a generic word for distilled spirits. Luxco, Inc. v. Consejo Regulador Tequila A.C., Opp. No. 91190827 (TTAB, Jan. 23, 2017) (Bergsman, ATJ).  

Consejo Regulador del Tequila (CRT) is a Mexican nonprofit civil association and the only entity accredited and approved by the Mexican government to ensure the authenticity, origin, quality and safety of tequila. As part of its accredited role, CRT sought to register TEQUILA as a certification mark for “distilled spirits, namely, spirits distilled from the blue tequilana weber variety of agave plant,” so that TEQUILA, as used by persons authorized by CRT, would certify that the spirits are manufactured in Mexico from a specific variety of the blue agave plant grown as defined by Mexican law and

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