Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

"AGAVERITA" Merely Descriptive of Non-Alcoholic Cocktail Mixes, Says TTAB

The Board sustained this Section 2(e)(1) opposition to registration of the mark AGAVERITA in stylized form, finding it merely descriptive of "nonalcoholic cocktail mixes." Tequila Cuervo La Rojena S.A. de C.V. v. David Kent Axtell, Opposition No. 91188596 (September 30, 2010) [not precedential].The Board began by noting that Applicant's goods, as identified, are broad enough to include (and admittedly do include) mixes used to make margaritas, which are tequila-based cocktails. The evidence showed that "rita" is a common shorthand name for a margarita and in fact appears as a suffix in several registered marks for margarita beverages. Moreover, "agave" is a form of tequila or the type of plant from which tequila is derived. The Board therefore found that "the combined term AGAVERITA describes a margarita cocktail made with an agave form of tequila...continue to full post

Full post as published by The TTABlog on October 14, 2010 (boomark / email).