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ARTICLE · 06 FEBRUARY 2018

TTAB Test: Are Cigars Related To Alcoholic Beverages For Section 2(d) Purposes?

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The USPTO refused registration of the mark TERNURA for cigars, finding it likely to cause confusion with the identical mark registered for "liquor; tequila; vodka; wines."

United StatesLitigation, Mediation & Arbitration
John L. Welch
John L. Welch
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The USPTO refused registration of the mark TERNURA for cigars, finding it likely to cause confusion with the identical mark registered for "liquor; tequila; vodka; wines."Applicant contended that, under applicable precedent, tobacco and alcohol are not considered "related" unless the prior registered mark is well-known or famous and the applicant is seeking to exploit the registered mark. Since the cited mark is not well-known, applicant asserted, confusion is not likely. How do you think this came out? In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential] (Opinion by Judge George C. Pologeorgis).

Not surprisingly, the Board found the marks to be identical in sound, appearance, meaning (Spanish for "kindness" or "tenderness"), and commercial impression.

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