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Fame of "MICHELOB" Mark and Survey Evidence Lead Board to Sustain 2(d) Opposition to "MAMBO MICHELADA" for Beer

The fame of the MICHELOB mark and Opposer's survey results led the Board to sustain Anheuser-Busch's Section 2(d) opposition to registration of the mark MAMBO MICHELADA for beer and syrup for making beer beverages. Anheuser-Busch, Incorporated v. Mambo Seafood #1, Inc., Opposition No. 91160250 (September 22, 2008) [not precedential].The goods involved are in part identical and, because neither the application nor Opposer's registrations have any limitations on channels of trade, the Board presumed that the goods travel in the same normal channels to the same classes of purchasers. Consumers would be expected to exercise only ordinary care in purchasing these relatively inexpensive goods. Therefore these du Pont factors weigh "heavily" in Opposer's favor...continue to full post

Full post as published by The TTABlog on October 29, 2008 (boomark / email).