For years, the TTAB has affirmed refusals of similar marks covering food and beverage offerings—finding such goods and services to be related. This includes many TTAB decisions finding that alcoholic and non-alcoholic beverages are related (see the TTABlog for a nice overview).
Patrón Spirits International AG v. Conyngham Brewing Co., Case No. 91226939 (TTAB June 8, 2018) on its face appeared to chart a different course.
In Patrón, the TTAB held in a non-precedential decision that registration of PIRATE PISS for “beer, ale and lager” in Class 32 was permissible, despite Patrón’s prior registrations for PYRAT and PYRAT RUM for “distilled spirits” and “rum” in Class 33. Does this mean that beer and distilled spirits such as rum are unrelated? Not so fast. Continue Reading