The distillery wanted to register Liquor Slinger Distilling for liquor with Liquor and Distilling disclaimed and the examining attorney refused based on potential likelihood of confusion with the mark “Slinger” which is already registered for “drinking glasses; shot glasses.”
The trademark trial and appeal board sided with the examining attorney and affirmed the refusal based on the similarities between the marks and the goods.
The board found an “inherent, complementary relationship between the parties’ goods” finding that “liquor is served in and drunk from drinking glasses and shot glasses.” Citing the definition of “shot glass” from the Oxford Dictionary as a “small glass used for serving liquor.” This finding led to the board to conclude that the goods are related on their face and would “be used by the same consumer, one who drinks or serves liquor.”
The board also took note of the examining attorney’s argument that it is common for a distillery selling liquor to also sell drinkware and shot glasses under the same mark.
You can read the opinion here.
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