Decisions · 87438793
In re Carlton Cellars, LLC
Serial No. 87438793 · Decided 2020-03-11 · Other
What happened
The Board refused registration of SEVEN DEVILS for wine and wine accessories because the applicant listed goods spanning four different filing categories but paid for only one and never fixed its listing of goods despite months of promising to do so, so the Board never even reached the separate question of confusion with an earlier SEVEN DEVILS registration for spirits.
The marks
Applicant
SEVEN DEVILS
"Wine related accessories, namely, foil cutters for wine bottles in Class 8; wine openers; wine aerators; pouring spouts for wine for household use; coolers for wine; beverage glassware, all in Class 21; clothing, namely, t-shirts, hats, and visors in Class 25; and wine in Class 33."
Why this decision is significant
Precedential holding that persistent failure to pay multi-class fees and cure an indefinite multi-class identification is an independently sufficient ground for refusal, without reaching the 2(d) merits.
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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