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PTO Proves Wine and Restaurant Services Related, TTAB Affirms 2(d) Refusal of "BRICKSTONE CELLARS"

By John L. Welch

The Board affirmed a Section 2(d) refusal to register the mark BRICKSTONE CELLARS for wine, finding the mark confusingly similar to the registered mark BRICKSTONES for restaurant services. The key issue, of course, was the relatedness of the involved goods and services, and the PTO's evidence won over the Board on that point. In re Constellation Wines U.S., Serial No. 78803750 (April 17, 2008) [not precedential].The Board began its du Pont analysis by finding that "the relevant, dominant portions of the marks are effectively identical in appearance and sound." Consequently, this factor weighs "heavily" in favor of finding confusion likely.As to the goods and services, the Board observed that, under applicable precedent, "[t]o establish likelihood of confusion a party must show something more than that similar or even identical marks are used for food products and for restaurant services...continue to full post

Full post as published by The TTABlog on April 25, 2008 (boomark / email).