Finding Distilled Spirits Related to Wine, TTAB Sustains 2(d) Opposition to BEAR CREEK DISTILLERY

Here we go again. The Board sustained an opposition to registration of the marks BEAR CREEK DISTILLERY, in standard character and design form, for "Spirits; Spirits and liqueurs; Distilled spirits," finding a likelihood of confusion with the registered mark BEAR CREEK for "wines." Third-party registrations and Internet webpages convinced the Board that consumers are accustomed to seeing distilled spirits and wine emanating from the same source. In re Bear Creek Distillery, LLLP, Serial Nos. 87026602 and 87026770 (May 1, 2018) [not precedential] (Opinion by Judge Cindy B. Greenbaum).Applicant pointed to four third-party uses of BEAR CREEK in connection with wine or wine-related services, but this small number of uses was insufficient to support a finding that consumers would distinguish among marks containing “Bear Creek” based on minor distinctions.Applicant also pointed to its own Internet evidence of 79 wineries that do not produce spirits, but…

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