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Finding "BELL HILL" for Wine and "BELL'S" for Beer Too Dissimilar, TTAB Dismisses 2(d) Opposition

Bell's Brewery, Inc. uncorked a loser when it opposed registration of the mark BELL HILL for packaged wine. Opposer claimed that the applied-for mark (1) would likely cause confusion with its registered mark BELL'S & Design for beer, and (2) is primarily geographically descriptive under Section 2(e)(2). Also falling flat was Opposer's assertion that (3) Applicant committed fraud when it represented to the PTO that BELL HILL has no geographic significance. Bell's Brewery, Inc. v. Bell Hill Vineyards, LLC, Opposition No. 91177980 (December 18, 2009) [not precedential].Likelihood of Confusion: The Board found that beer and wine are "somewhat related" and that there is "at least some consumer exposure to wine and beer marketed under the same mark...continue to full post

Full post as published by The TTABlog on December 21, 2009 (boomark / email).