Our "TTAB Test" week continues with a Section 2(d)
refusal of HUSKY for "beer, ale and
lager" in view of the identical mark registered for vodka.
Sure, the marks are identical, but what about the goods? Remember,
there is no per se rule that all alcoholic beverages are
related. I suspect you have a pretty good idea of how this came
out. In re Alaskan Brewing & Bottling
Co., Serial No. 87142867 (September 25, 2018) [not
precedential] (Opinion by Judge Angela Lykos).
Applicant started with two strikes against it. Because the marks
are identical, a lesser degree of similarity between the goods is
necessary to support a finding of likely confusion. And because
HUSKY is an arbitrary term in relationship to beer and vodka, the
registered mark is entitled to a wider scope of protection than
less distinctive marks. Not mush applicant could do about that.
[pun!].
