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ARTICLE · 19 JULY 2017

TTAB Test: Is "ROSE" Generic For Beer-Based Mixed Beverages?

Wolf, Greenfield & Sacks, P.C.
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The USPTO refused registration of the term ROSE on the Supplemental Register, for "beer based mixed beverages," on the ground that the term is generic for the goods.

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused registration of the term ROSE on the Supplemental Register, for "beer based mixed beverages," on the ground that the term is generic for the goods. Applicant contended the term "rose" does not identify a category of beers, but rather merely describes "one of several characteristics of certain beer beverages that have a pinkish color." How do you think this came out? In re ABK Betriebsgesellschaft der Aktienbrauerei Kaufbeuren GmbH, Serial No. 86937069 (July 7, 2017) [not precedential] (Opinion by Judge David K. Heasley).

The Board found the genus of goods to be adequately described by applicant's identification of goods. The relevant consumers are "ordinary beer drinkers and other adult purchasers of alcoholic beverages."

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