TTABlog Test: Is QUARRY VINEYARD Confusable With PEDRERA For Wine?

The USPTO refused to register the proposed mark QUARRY VINEYARD for "wine" [VINEYARD disclaimed], finding confusion likely with the registered mark PEDRERA, also for wine. The cited registration states that the English translation of the Spanish word "pedrera" is "quarry." Applicant FN Cellars argued that the wine industry often uses foreign words as marks for wine, and so an ordinary American consumers would not "stop and translate" the Spanish word. How do you think this came out?  In re FN Cellars, LLC, Serial No. 88902267 (June 25, 2021) [not precedential] (Opinion by Judge David K. Heasley).

The Board observed that, because the involved goods are identical, it must presume that the goods travel in the same trade channels to the same classes of consumers. These factors weighed heavily in favor of affirmance of the refusal. Moreover, because the goods are identical, a lesser degree of similarity between the marks is necessary to support a finding of likely