April 28, 2014

The Trademark Company is pleased to announce that has secured the rights to the trademark CLUTCH QUINTESSENTIAL COCKTAILS for its client following a refusal to register the trademark by the U.S. Patent and Trademark Office.

By way of history, The Trademark Company filed the application for the trademark on January 12, 2012 seeking to register the trademark CLUTCH QUINTESSENTIAL COCKTAILS for use in connection with “Alcoholic aperitif bitters; Alcoholic beverage produced from a brewed malt base with natural flavors; Alcoholic beverages of fruit; Alcoholic bitters; Alcoholic cocktails containing milk; Alcoholic egg nog; Alcoholic essences; Alcoholic extracts; Alcoholic fruit cocktail drinks; Alcoholic malt coolers; Alcoholic punch; Alcoholic tea-based beverage; Aperitifs with a distilled alcoholic liquor base; Cognac; Distilled Spirits; Prepared alcoholic cocktail; Rum; Tequila; Vodka; Whiskey.”

Registration of the trademark was initially refused on the grounds that the U.S. Patent & Trademark Office believed that, if registered, the trademark would create a likelihood of confusion with an existing, registered trademark.

Although The Trademark Company presented arguments in support of registration, the examining attorney maintained the refusal.  As a result, The Trademark Company appealed the refusal to the Trademark Trial and Appeal Board (“TTAB”).

However, following the submission of its brief in support of registration to the TTAB the refusal was withdrawn and the application is now in the final stages of the registration process.

If you have any questions about this case or any other matter pending before the TTAB Contact Us.  If you would like to learn more about our Enforcement Services for TTAB matters Click Here.

Required Ethics Disclaimer: As always, case results depend upon a variety of factors unique to each case.  As such, this case result does not guarantee or predict a similar result in any future case.