TTAB Reverses 2(d) Refusal of GOOD TIMES for Bourbon over Five "GOOD TIME(S)" Registrations for Alcoholic Beverages

The USPTO cited five registrations in refusing to register the mark GOOD TIMES for "bourbon," all of the registrations owned by different owners. Although the goods are legally identical or related, the Board found that the differences in the marks and the conceptual weakness of "good times" (the first and sixth DuPont factors) outweighed the second and third factors. In re Genuine Risk, Serial No. 90170906 (March 23, 2026) [not precedential] (Opinion by Judge George C. Pologeorgis).

The Examining Attorney cited the following registered marks:

• GOODE TIMES GUARANTEED for “alcoholic beverages except beers” 
• LET THE GOOD TIMES ROLL for “distilled spirits” 
• WE GROW GOOD TIMES for “alcoholic beverages except beers; distilled spirits” 
• CERTIFIED GOOD TIME and Design for “distilled spirits; vodka" 
• GUARD THE GOOD TIMES for “whiskey”

The Goods/Trade Channels/Customers: Because the broad identifications in each of the five cited registrations encompass Applicant Genuine Risk's more narrowly defined goods, the second DuPont factor "strongly" favored a finding of likelihood of confusion. Furthermore, since the involved goods are legally identical and there are no restrictions as to trade channels or classes of purchasers in any of the cited registrations or the involved application, the Board presumed that the goods are provided in the same trade channels and are offered to the same classes of purchasers. And so, the third DuPont factor also weighed "heavily" in favor of finding a likelihood of confusion.

Strngth of the Cited Marks: Genuine Risk argued that the term "GOOD TIMES" is suggestive and inherently weak and diluted when used in connection with the goods listed in the cited registrations because it is "suggestive of the merriment consumers anticipate enjoying when imbibing alcoholic beverages." The Board agreed.

We find that the cited GOOD TIMES-formative marks themselves, each of which is combined with other terms and each of which covers one or more pertinent alcoholic beverages, show that marks containing the term GOOD TIMES for alcoholic beverages can be distinguished by additional matter and/or the differing connotations conveyed in light of the conceptual weakness of the “GOOD TIMES” element.

Genuine Risk did not submit any evidence of third-party use of marks identical or similar to the cited marks, and third-party registrations alone do not establish weakness in the marketplace. However, the registration evidence did show that "use of the wording GOOD TIMES in marks used in connection with alcoholic beverages has a commonly understood suggestive meaning and, therefore, this component of the cited marks is conceptually weak."

In light of its conceptual weakness, the GOOD TIMES component of each of the cited marks is entitled to only a limited scope of protection. Accordingly, the sixth DuPont factor favored a finding that confusion is not likely.

Comparing the Marks: The Board found that the cited marks and the mark GOOD TIMES "are somewhat similar visually and aurally in light of the shared wording GOOD TIMES. However, the similarity of the marks ends there." Bearing in mind that the wording GOOD TIMES is conceptually weak, the Board found that the cited marks "have differing connotations and overall commercial impressions when compared to Applicant’s mark."

Indeed, the structure and distinctive sentiments expressed in each of the cited marks are absent from Applicant’s mark. For example, the cited mark GUARD THE GOOD TIMES connotes protecting the good times one is experiencing. Further, the cited mark LET THE GOOD TIMES ROLL suggests that one should keep on having a good time. These connotations and commercial impressions are not present in Applicant’s mark. Moreover, given that the cited marks use “GOOD TIMES” as part of an overall distinctive phrase, we find it unlikely that consumers will view Applicant’s mark as a shortened form of any of the cited marks.

In sum, the Board found that the involved marks are "sufficiently dissimilar in structure, meaning and overall commercial impression, notwithstanding any similarities in sound and appearance due to the shared wording GOOD TIMES." Therefore, the first DuPont factor favored a finding that confusion is not likely.

Conclusion: The Board deemed the first and sixth DuPont factors to be "pivotal" and to outweigh the legal identity of the goods under the second DuPont factor, as well as the presumed identical trade channels and classes of purchasers under the third DuPont factor.

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TTABlogger comment: Good times for Genuine Risk! Would consumers think that one or two of the registered marks are slogans used by Genuine Risk: for example, LET THE GOOD TIME ROLL?

Text Copyright John L. Welch 2026.