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TTAB Reverses 2(d) Refusal, Finds "PORTIA SUMMA" and "SUMMA VINEYARDS" Not Confusingly Similar for Wine

The Board reversed a Section 2(d) refusal to register the mark PORTIA SUMMA & Design (shown below) for "alcoholic beverages, namely, wines," finding it not likely to cause confusion with the registered mark SUMMA VINEYARD for wine [VINEYARD disclaimed]. In re Bodegas Portia, S.L., Serial No. 79032493 (November 7, 2008) [not precedential].Not surprisingly, the Board found the goods to be "virtually identical." [TTABlog comment: I would be so bold as to say that they are identical!] Applicant lamely argued that its wine originates in Spain while Registrant's comes from California, and that consumers would distinguish between the wines based on labeling, etc. The Board pointed out, however, that there are no restrictions in Applicant's or Registrant's identification of goods, and so it must be presumed that the goods travel in the same, normal channels of trade, to the same classes of customers...continue to full post

Full post as published by The TTABlog on November 13, 2008 (boomark / email).