Skip to content
Trademark Valet

Decisions · 85684754

PrecedentialNotableNo later change on its docket

In re House Beer, LLC

Serial No. 85684754 · Decided 2015-03-27 · Section 2(d) Ex Parte Appeal

What happened

Refusal upheld — HOUSE BEER for a beer store is identical to the registered HOUSE BEER for beer itself, and a claimed USPTO processing error could not override the statutory bar against registering confusingly similar marks.

The marks

Applicant

HOUSE BEER (standard characters, BEER disclaimed)

Retail store services featuring beer (Class 35)

Cited registration

HOUSE BEER (standard characters, Supplemental Register, BEER disclaimed)

Beer (Class 32)

How the marks compared

DimensionFindingWhat the Board said
soundSimilarThe marks are identical.
appearanceSimilarThe marks are identical standard-character marks.
meaningSimilarThe marks are identical.
commercial impressionSimilarThe marks are identical.

The marks are identical.

du Pont factors that bore on the outcome

#FactorWeightWhat the Board found
1Similarity of the marksFavored RefusalBoth marks are HOUSE BEER in standard characters.
2Relatedness of the goods or servicesFavored RefusalBeer and retail store services featuring beer are commonplace related goods and services familiar to consumers.

Why this decision is significant

Precedential dual holding: alleged USPTO errors in conflicting-application processing procedures cannot override the Section 2(d) statutory bar, and a Supplemental Register registration is properly cited under 2(d) — identical HOUSE BEER marks for beer and beer retail confirmed confusingly similar.

Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.

Related decisions

Non-precedentialNotableNo later change on its docket

Refusal affirmed

In re Robert Sulic

The Board found Robert Sulic’s BLACK SWAN vodka mark identical to the registered BLACK SWAN mark for wines, and because vodka and wine are related drinks sold through overlapping channels…

79375327 · 2026-01-07 · BLACK SWAN v. BLACK SWAN

Non-precedentialNotableNo later change on its docket

Refusal affirmed

In re Robert Sulic

The Board found Robert Sulic’s BLACK SWAN VODKA label (castle, mountains, and swan design) confusingly similar to the registered BLACK SWAN mark for wines; the swan picture just reinforces…

79375609 · 2026-01-07 · BLACK SWAN VODKA & design v. BLACK SWAN

PrecedentialLandmarkNo later change on its docket

In re Country Oven, Inc.

The Board affirmed refusal of the identical mark COUNTRY OVEN for retail and custom bakery services because a different company already owns a decades-old registration for COUNTRY OVEN…

87354443 · 2019-11-18 · COUNTRY OVEN v. COUNTRY OVEN

PrecedentialNotableNo later change on its docket

In re Inn at St. John's, LLC

The Board found 5IVE STEAKHOUSE (with a fork-and-knife design) for restaurant and bar services too similar to the registered mark 5IVESTEAK for identical services, and blocked the newer…

87075988 · 2018-06-06 · 5IVE STEAKHOUSE and design (the wording "5ive" in stylized letters, set above the design of an intersecting fork and knife, all set above the word "Steakhouse"; "Steakhouse" disclaimed) v. 5IVESTEAK and design (wording 5IVESTEAK presented in the colors red and brown, with red in the number "5" and letters "IVE" and brown in the letters "STEAK"; colors red and brown claimed as a feature of the mark)

The original record

Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.

Open this case on TTABVUE, the Board's docket ↗


Who checked this

Not yet reviewed by an attorney. This summary is generated from coded data, and it says so until a lawyer has read it.

Provenance — Generated from database rows without re-reading the opinion.

General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.

← Back to the library