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ARTICLE · 15 AUGUST 2019

TTABlog Test: Are These Two "CANNONBALL" Marks Confusable For Beer?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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The USPTO refused to register the mark CANNONBALL CREEK BREWING COMPANY GOLDEN, COLORADO and Design, as shown below, for "beer" [BREWING COMPANY GOLDEN,

United StatesIntellectual Property

The USPTO refused to register the mark CANNONBALL CREEK BREWING COMPANY GOLDEN, COLORADO and Design, as shown below, for "beer" [BREWING COMPANY GOLDEN, COLORADO disclaimed], finding the mark likely to cause confusion with the registered mark CANNONBALL DOUBLE IPA for "ale; beer; brewed malt-based alcoholic beverage in the nature of beer" [DOUBLE IPA disclaimed]. The goods are legally identical and the Board must presume that the overlapping goods travel in the same trade channels to the same classes of consumers. What about the marks? Too close? How do you think this came out? In re Hutchinson and Stengl, Serial No. 86809909 (August 9, 2019) [not precedential] (Opinion by Judge George C. Pologeorgis).

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