TTABlog Test: Is TEMPUS For Beer Confusable With TEMPUS TWO For Wines?

The USPTO refused registration of the mark TEMPUS in the stylized form below, for "beer," finding a likelihood of confusion with the registered mark TEMPUS TWO for "wines." There was little doubt regarding the similarity of the marks, and the evidence failed to prove that the cited mark is weak. Applicant Cerveceria Primus pulled out all the stops in trying to show that the goods are not related, including an argument that all but one of marks in the cited third-party registrations covering beer and wine are not in use (based on their lack of COLA certificates). How do you think this came out? In re Cerveceria Primus, S.A. de C.V., Serial No. 87460794 [not precedential] (Opinion by Judge George C. Pologeorgis).