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TTABlog Test: Is GNARLED ORCHARD for Hard Cider Confusable With GNARLY HEAD for Wine?

Delicato Vineyards opposed this application to register the mark GNARLED ORCHARD for hard cider, claiming a likelihood of confusion with its registered mark GNARLY HEAD for wines. Applicant Strother maintained that the goods are fundamentally different, that wine drinkers are increasingly sophisticated, and the the marks differ in connotation and commercial impression. How do you think this came out? Delicato Vineyards v. Philip Carter Strother, Opposition No. 91244351 (September 16, 2020) [not precedential] (Opinion by Judge David K. Heasley).Channels of Trade: Although wine and cider are different goods, the question is whether consumers would mistakenly believe that the involved goods many emanate from the same source. The evidence showed that Applicant Strother sells both wine and hard cider...continue to full post

Full post as published by The TTABlog on September 18, 2020 (boomark / email).