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Decisions · 86928469

PrecedentialLandmarkNo later change on its docket

In re Aquitaine Wine USA, LLC

Serial No. 86928469 · Decided 2018-04-02 · Section 2(d) Ex Parte Appeal

What happened

The Board refused to register a French winery’s LAROQUE wine label showing a house and vineyard because it was too similar to an already-registered wine brand called CHATEAU LAROQUE, even though the two wines come from different wine regions in France.

The marks

Applicant

LAROQUE Cité de Carcassonne and design (word mark with picture of a house behind a field of grape vines with trees bordering both sides of the image; "Cité de Carcassonne" disclaimed)

"Wine of French origin protected by the appellation of the origin Cité de Carcassonne" in International Class 33

Cited registration

CHATEAU LAROQUE

"Wines having the controlled appellation Saint-Emilion Grand Cru" in International Class 33

How the marks compared

DimensionFindingWhat the Board said
soundSomewhat SimilarPartly similar in sound; both marks share the dominant term LAROQUE, but Applicant’s mark includes additional wording CITÉ DE CARCASSONNE.
appearanceSimilarMore similar than dissimilar in appearance; LAROQUE is the largest, boldest, first term in Applicant’s mark, and the disclaimed CHATEAU and Cité de Carcassonne wording are entitled to less weight.
meaningSimilarApplicant’s house/vineyard design corresponds to and reinforces the descriptive word CHATEAU (a French country house associated with wine) in the cited mark, rather than distinguishing the marks.
commercial impressionSimilarThe marks convey similar connotations and commercial impressions given the shared dominant term LAROQUE and the design’s correspondence to CHATEAU.

Similar overall, driven by the shared dominant term LAROQUE and the design’s reinforcement of the cited mark’s disclaimed CHATEAU wording.

du Pont factors that bore on the outcome

#FactorWeightWhat the Board found
1Similarity of the marksDispositive — Favored RefusalLAROQUE dominates the applied-for label and the marks are partly similar in sound, more similar than dissimilar in appearance, and similar in connotation.
2Relatedness of the goods or servicesDispositive — Favored RefusalBoth identifications are French wine, and the appellation limitations do not distinguish the goods.
4Conditions of sale and buyer sophisticationNeutralThe identifications include moderately priced wine bought with ordinary care.

Why this decision is significant

Precedential decision establishing a new rule for comparing standard-character marks to word+design marks (variations limited to font/size/color, but the opposing design is still weighed for connotation), with a notable concurrence questioning that rule’s necessity.

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.

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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.

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