Decisions · Industry
Food & Beverage
41 decisions coded to this industry. Industry tags describe the goods or services in the dispute, not the legal ground.
All 28 industries
By du Pont factor
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
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
Application saved by disclaimer
In re Panificio Villa S.r.l.
After the Board initially upheld the requirement that Panificio Villa disclaim exclusive rights in the descriptive term PIZZACCIA in its stylized pizza-bakery logo, the company timely filed…
79351998 · 2025-07-29 · PIZZACCIA (stylized) with tagline LA PIZZA PIÙ FOCACCIA CHE C'È!
In re Gail Weiss
The Board affirmed the refusal to register GABBY’S TABLE for computerized on-line retail store services featuring food, cookware, and culinary/lifestyle books, magazines and videos, because…
88621608 · 2024-07-31 · GABBY'S TABLE
Made in Nature, LLC v. Pharmavite LLC
The Board sustained Made in Nature’s opposition and refused registration of Pharmavite’s NATURE MADE mark for Class 30 foods such as cereal bars, grain-based food bars, crackers, bakery…
Opposition No. 91223352 · 2022-06-15 · NATURE MADE (standard characters) v. MADE IN NATURE (standard characters and design forms); ORGANIC MADE IN NATURE (13 registrations, plus common-law MADE IN NATURE rights)
Made in Nature, LLC v. Pharmavite LLC
The Board sustained Made in Nature’s opposition and refused registration of Pharmavite’s NATURE MADE mark for Class 29 foods such as soy-based food bars, fruit-based meal replacement bars…
Opposition No. 91223683 · 2022-06-15 · NATURE MADE (standard characters) v. MADE IN NATURE (standard characters and design forms); ORGANIC MADE IN NATURE (13 registrations, plus common-law MADE IN NATURE rights)
Made in Nature, LLC v. Pharmavite LLC
The Board sustained Made in Nature’s opposition and refused registration of Pharmavite’s NATURE MADE mark for Class 32 beverages such as nutritional-supplement energy drinks, vitamin and…
Opposition No. 91227387 · 2022-06-15 · NATURE MADE (standard characters) v. MADE IN NATURE (standard characters and design forms); ORGANIC MADE IN NATURE (13 registrations, plus common-law MADE IN NATURE rights)
Cancellation ended without deciding the merits
Jim Beam Brands Co. v. JL Beverage Company LLC
Jim Beam withdrew its petition to cancel JL Beverage’s lips-design registration for distilled spirits after trial began, and the Board held the withdrawal is without prejudice because JL…
Cancellation No. 92054843 · 2021-08-20 · JL Lips Mark (design mark consisting of human lips or mouths; color not claimed), Registration No. 4044182 v. Beam Lips Mark (design mark, color not claimed), Registration No. 2638476
In re Carlton Cellars, LLC
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…
87438793 · 2020-03-11 · SEVEN DEVILS
In re Rainier Enterprises, LLC
The Board dismissed the appeal and let the vodka applicant’s application go abandoned because the applicant never fixed a required drawing and color-claim problem with its MONTE CARLO…
87384516 · 2019-12-03 · MONTE CARLO and design (words "MONTE CARLO" in red with six small red and two white diamonds at the top right of "O" in "CARLO"; words "WORLD'S MOST PRESTIGIOUS VODKA" in black below "MONTE CARLO"; all words outlined in gold; colors red, black, and gold claimed)
In re Ocean Technology, Inc.
The Board refused a crab-picture label reading ALL NATURAL 100% REAL CALLINECTES CRAB GOURMET CRABMEAT PASTEURIZED for crabmeat: the words and even the realistic crab picture just tell…
87405211 · 2019-11-21 · ALL NATURAL 100% REAL CALLINECTES CRAB GOURMET CRABMEAT PASTEURIZED and design -- stylized wording "ALL NATURAL" above a crab design, "Gourmet" in stylized italicized font over the crab's right claw, "CRABMEAT" in stylized uppercase font inside a shaded banner beneath the crab, and "PASTEURIZED" along the bottom; to the right of the crab design a small label consisting of a stylized circular design and the wording "100% REAL Callinectes CRAB"; "CRAB" and "CRABMEAT" disclaimed; color not claimed
In re Ocean Technology, Inc.
The Board also refused the companion crabmeat label that adds FROM NORTH AMERICA: like its sibling, the label’s words and realistic crab picture are purely informational and do not work as…
87405233 · 2019-11-21 · ALL NATURAL 100% REAL CALLINECTES CRAB FROM NORTH AMERICA GOURMET CRABMEAT PASTEURIZED and design -- stylized wording "ALL NATURAL" above a crab design, "Gourmet" in stylized italicized font over the crab's right claw, "CRABMEAT" in stylized uppercase font inside a shaded banner beneath the crab, and "PASTEURIZED" along the bottom; to the right of the crab design a small label consisting of a stylized circular design and the wording "100% REAL Callinectes CRAB," under which appears separately "from NORTH AMERICA"; "CRAB" and "CRABMEAT" disclaimed; color not claimed
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
In re Twenty-Two Desserts, LLC
The Trademark Trial and Appeal Board refused to register the mark MALAI on the Supplemental Register for ice cream and frozen desserts because the word ‘malai’ — though originally a Hindi…
86586833 · 2019-08-06 · MALAI
In re Yarnell Ice Cream, LLC
The Board upheld the refusal to register SCOOP for ice cream and frozen confections promoted by a costumed mascot, finding SCOOP merely describes a typical ice cream serving/portion size…
86824279 · 2019-07-09 · SCOOP (standard characters)
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
After the Federal Circuit sent the case back, the Board let The Coca-Cola Company amend its COCA-COLA ZERO application (Serial No. 78580598) to disclaim any exclusive right in the word ZERO…
Opposition No. 91178927 · 2019-05-03 · COCA-COLA ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its SPRITE ZERO application (Serial No. 78316078) to disclaim the word ZERO — the only…
Opposition No. 91180771 · 2019-05-03 · SPRITE ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its COKE ZERO application (Serial No. 78664176) to disclaim the word ZERO — the only…
Opposition No. 91180772 · 2019-05-03 · COKE ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its six opposed applications — COKE CHERRY ZERO, CHERRY COCA-COLA ZERO, COCA-COLA…
Opposition No. 91183482 · 2019-05-03 · COKE CHERRY ZERO;CHERRY COCA-COLA ZERO;COCA-COLA VANILLA ZERO;CHERRY COKE ZERO;COCA-COLA CHERRY ZERO;PIBB ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its three opposed applications — COKE ZERO ENERGY, COKE ZERO BOLD, and VANILLA COKE…
Opposition No. 91185755 · 2019-05-03 · COKE ZERO ENERGY;COKE ZERO BOLD;VANILLA COKE ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its three opposed applications — VANILLA COCA-COLA ZERO, POWERADE ZERO, and FANTA ZERO…
Opposition No. 91186579 · 2019-05-03 · VANILLA COCA-COLA ZERO;POWERADE ZERO;FANTA ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its VAULT ZERO application (Serial No. 78698990) to disclaim the word ZERO — the only…
Opposition No. 91190658 · 2019-05-03 · VAULT ZERO
In re Hikari Sales USA, Inc.
The Trademark Trial and Appeal Board upheld the refusal to register ALGAE WAFERS for fish food, finding the term is a common name for a type of fish food (wafer-shaped food containing algae…
86439012 · 2019-03-29 · ALGAE WAFERS
In re Broken Arrow Beef and Provision, LLC
The Board reversed the refusal of BA BEEF for meats and other foods: the government failed to prove that consumers across the country generally recognize ‘BA’ as meaning Broken Arrow…
87334198 · 2019-02-22 · BA BEEF (standard characters; "BEEF" disclaimed)
In re SnoWizard, Inc.
The Board refused to register the shape of a snowball vendor’s concession trailer (a snow-capped roof topped with a snowball and cup, plus the word SNOBALLS) as a trademark, because the…
87134847 · 2018-12-21 · Three-dimensional configuration mark: a snow-capped roof with the word "SNOBALLS," a snowball and associated beverage container positioned on top of a concession trailer for snowball vendors (color not claimed; broken/dotted lines not part of the mark, showing position/placement only); sought under Section 2(f)
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)
In re Aquitaine Wine USA, LLC
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…
86928469 · 2018-04-02 · 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) v. CHATEAU LAROQUE
In re Mecca Grade Growers, LLC
The Board refused registration of MECHANICALLY FLOOR-MALTED for malt for brewing and distilling and for grain-processing services, finding the phrase simply describes those goods and…
86358219 · 2018-03-12 · MECHANICALLY FLOOR-MALTED
Refusal upheld
In re General Mills IP Holdings II, LLC
General Mills could not register the color yellow for Cheerios packaging because so many other cereal makers sell in yellow boxes that shoppers do not see the color alone as identifying a…
86757390 · 2017-08-22 · Color yellow
Refusal upheld
In re Empire Technology Development LLC
COFFEE FLOUR names the product itself (flour made from coffee-cherry skins and pulp), and even the company that invented the category cannot register the generic name of the goods, not even…
85876688 · 2017-08-03 · COFFEE FLOUR (standard characters)
Registration refused on the main register
In re Beds & Bars Limited
The Board ruled that BELUSHI’S for bars, restaurants, hotels, hostels and travel services is primarily just a surname, because even though only five people in the U.S. are named Belushi…
85597669 · 2017-05-05 · BELUSHI'S
Refusal upheld
In re Kohr Brothers, Inc.
The envelope-sized CONEY ISLAND BOARDWALK CUSTARD sign hung inside Kohr Brothers' boardwalk stand next to the business license did not function as a point-of-sale display for the frozen…
85430114 · 2017-02-09 · CONEY ISLAND BOARDWALK CUSTARD (standard characters; CONEY ISLAND and CUSTARD disclaimed)
In re LC Trademarks, Inc.
The Board refused registration of DEEP!DEEP! DISH PIZZA for pizza, finding the phrase merely describes deep dish pizza with emphasis and that Little Caesars' licensing company failed to…
85890412 · 2016-12-29 · DEEP!DEEP! DISH PIZZA
Refusal affirmed
In re Adlon Brand GmbH & Co. KG
The Board held ADLON for alcoholic beverages and hotel, entertainment and spa services is primarily merely a surname, finding that even a rare surname is unregistrable where the record…
85831682 · 2016-11-23 · ADLON (standard characters)
In re Eximius Coffee, LLC
The Trademark Trial and Appeal Board upheld the refusal to register the mark ALDECOA on the Principal Register for coffee products, finding that consumers would primarily perceive ALDECOA…
86262060 · 2016-09-27 · ALDECOA
In re Morinaga Nyugyo Kabushiki Kaisha
The Trademark Trial and Appeal Board reached a split result for the MT. RAINIER THE MOUNTAIN OF SEATTLE ESPRESSO & MILK and design mark for espresso and milk beverages: the Board upheld the…
86338392 · 2016-09-08 · MT. RAINIER THE MOUNTAIN OF SEATTLE ESPRESSO & MILK and design v. MOUNT RAINIER COFFEE COMPANY
Refusal affirmed
In re Bay State Brewing Company, Inc.
The Board found TIME TRAVELER BLONDE for beer too similar to the registered mark TIME TRAVELER for beer, ale and lager, and held that the parties' consent agreement did not outweigh…
85826258 · 2016-02-25 · TIME TRAVELER BLONDE (standard characters, BLONDE disclaimed) v. TIME TRAVELER (standard characters)
Refusal affirmed
In re Christopher C. Hinton
The Board found THCTea for tea-based beverages deceptively misdescriptive because consumers would plausibly believe the beverages contain THC, the psychoactive ingredient of marijuana, and…
85713080 · 2015-09-14 · THCTea (standard characters)
In re Aquamar, Inc.
The Board refused registration of MARAZUL for frozen and fresh processed fish, seafood, and imitation crab meat, finding that because “marazul” means “blue sea” in Spanish it is likely to…
85861533 · 2015-06-25 · MARAZUL v. BLUE SEA
Refusal upheld
In re John Michael Brack
The SIMPLY ORANGECELLO application for orange liqueur was never signed or verified, and the Board confirmed that a signed verification is a mandatory requirement an applicant cannot simply…
85483943 · 2015-03-31 · SIMPLY ORANGECELLO (standard characters; ORANGECELLO disclaimed) v. CARAVELLA ORANGECELLO
Refusal upheld
In re House Beer, LLC
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…
85684754 · 2015-03-27 · HOUSE BEER (standard characters, BEER disclaimed) v. HOUSE BEER (standard characters, Supplemental Register, BEER disclaimed)
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