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Prededential No. 34: TTAB Affirms Refusal to Register "Beer Glass and Stand" Packaging for Lack of Distinctiveness

In a 30-page opinion, the Board affirmed a refusal to register the alleged mark shown below for "beer," finding that it lacked both inherent and acquired distinctiveness. Applicant Brouwerij Bosteels contended that the mark -- consisting of a flask, flask holder/stand, scrollwork, and wording -- comprises unique and distinctive product packaging for its Pauwel Kwak brand of beer, but the Board saw it as a mere refinement of a common shape. Moreover, Applicant's proof of acquired distinctiveness fell quite flat. In re Brouwerij Bosteels, Serial No. 77357895 (August 26, 2010) [precedential].Pauwel KwakAfter some initial skirmishing over whether an open container may qualify as "packaging" for beer, the Board construed the goods to be "beer sold in restaurants, bars, pubs and the like," and it deemed the purported mark to be "trade dress in the nature of product packaging...continue to full post

Full post as published by The TTABlog on September 08, 2010 (boomark / email).