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

Intellectual Property Law

: The TTABlog

Applying Foreign Equivalents, TTAB Deems "AZUCAR MORENA" Generic for Brown Sugar

Applying the doctrine of foreign equivalents, the Board granted Petitioner Marquez Brothers International's motion for summary judgment, finding the registered mark AZUCAR MORENA to be generic for brown sugar. And so it ordered cancellation of Respondent Zucrum's registration for "unrefined sugar; brown sugar; molasses" [AZUCAR disclaimed]. Marquez Brothers International, Inc. v. Zucrum Foods, L.L.C., Cancellation No. 92048266 (December 11, 2009) [not precedential].The Board began by finding the genus of goods at issue to be those stated in Respondent's identification of goods, i.e., "unrefined sugar; brown sugar; molasses." Applicant Zucrum argued at length that "the products sold under its registered mark are az?car estandar, an unrefined sugar, which is not brown sugar, as commonly understood in the United States...continue to full post

Full post as published by The TTABlog on December 15, 2009 (boomark / email).