On September 26, 2014 the Trademark Trial and Appeal Board (“TTAB”) dismissed Grain to Green, Inc.’s opposition proceeding against Schnebly Redland’s Winery and its efforts to register the trademark SHARK BAIT, Ser. No. 86040642.
By way of history, on August 16, 2013 Schnebly Redland’s Winery hired The Trademark Company to apply for and secure a U.S. federal trademark registration for the trademark SHARK BAIT to be used in connection with beer. The application was applied for and proceeded through the examination phase without issue. However, on December 9, 2013 Grain to Green, Inc. filed an opposition to the registration on the grounds that, if registered, the trademark SHARK BAIT would create a likelihood of confusion with their recently registered trademark SHARKBITE.
Schnebly Redland’s Winery asked The Trademark Company to handle the defense of the matter. The case proceeded through the discovery phase and was nearing its trial phase when, on the strength of the asserted defenses, counsel for Grain to Green, Inc. withdrew the proceeding with prejudice.
As a result thereof, the case has been dismissed and Schnebly Redland’s Winery’s trademark for SHARK BAIT will soon be registered.