VANILLA JAVA PORTER Lacks Acquired Distinctiveness For Beer, Says TTAB

The Board affirmed a refusal to register the mark VANILLA JAVA PORTER for beer [PORTER disclaimed] on the ground that applicant, who was seeking registration under Section 2(f) of the Trademark Act, failed to prove acquired distinctiveness. In re Detroit Rivertown Brewing Company, LLC, Serial No. 86640818 (July 10, 2017) [not precedential] (Opinion by Judge Susan J. Hightower).

Applicant conceded that VANILLA JAVA PORTER is not inherently distinctive by amending its application to seek registration under Section 2(f). Thus the only issue for the Board was the sufficiency of applicant's evidence of acquired distinctiveness.

Applicant submitted an affidavit from its president stating that the mark has been in use for 10 years, the beer has been sold in 20 states and the District of Columbia, sales have exceeded $5 million dollars, advertising expenditures have totaled more than $250,000, the beer has been mentioned in numerous media articles, it is the flagship