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TTAB Brew-Ha-Ha: Panel Divides on Grounds for "MOCCA" Refusal

It was a tempest in a coffeepot, as the TTAB panel agreed and disagreed over the registrability of the mark MOCCA for "a coffee product, namely coffee beans, and not including ground-coffee derived coffee." The panel members agreed that the mark is merely descriptive of the goods, but split on the issue of likelihood of confusion with the registered mark MOCA & Design, shown immediately below, for "coffee and coffee derivatives" [MOCA disclaimed]. The majority reversed the Section 2(d) refusal to register, with Judge Rogers dissenting. In re Barrie House Coffee Co., Inc., Serial No. 76678951 (December 18, 2008) [not precedential].Mere Descriptiveness: Somewhat puzzled by the Applicant's convoluted identification of goods, the Board concluded that its goods, when ground down to their essence, are coffee beans...continue to full post

Full post as published by The TTABlog on January 06, 2009 (boomark / email).