TTAB Affirms Bifusal of THE OHIO IPA for Beer: Geographically Descriptive and Confusable with OHIO PALE ALE for Beer

The Board affirmed two refusals to register the mark THE OHIO IPA for beer [OHIO disclaimed], finding the mark to be primarily geographically descriptive of the goods and likely to cause confusion with the registered mark OHIO PALE ALE, also for beer [ALE disclaimed]. Applicant TBK argued, among other things, that young people perceive an alternate meaning of “Ohio:” a slang for “weird, bizarre, or foolish.” The Board didn't buy it. In re TBK Operating Company, LLC, Serial No. 98551577 (June 9, 2026) [not precedential] (Opinion by Judge Thomas L. Casagrande).

Geographical Descriptiveness:  Section 2(e)(2) prohibits registration of a “mark which … when used on or in connection with the goods of the applicant is primarily geographically descriptive of them . . . .” The test for determining whether a mark is primarily geographically descriptive is whether: 1. the mark sought to be registered (or a portion thereof) is the name of a place generally known to the public; 2. the source of the goods or services is the geographic region named in the mark; and 3. the public would make an association between the goods or services and the place named in the mark, that is, believe that the goods or services for which the mark is sought to be registered originate in that place.

Applicant TBK did not argue that Ohio is not a well-known geographic location. It asserted that “[c]onsumers will see the wording ‘THE’ as a source identifying term that changes the primary significance of the mark from the word ‘OHIO.’” However, there was no evidence to support that argument. As to the purported slang meaning of OHIO, again there was no evidence to support the attorney's argument.

Likewise, the inclusion of the term IPA did not overcome the refusal. "Generally, 'the presence of generic or highly descriptive terms in a mark which also contains a primarily geographically descriptive term does not serve to detract from the primary geographical significance of the mark as a whole.'" The Board found that the primary significance of THE OHIO IPA is geographic.

As the second and third elements of the Section 2(e)(2) test, the evidence from TBK’s website showed that its "production facility" for its beers and ales is in Middleburg Heights, Ohio. Therefore, the Board applied the presumption that consumers will make a goods/place association when the goods come from the place named. It concluded that the mark is primarily geographically descriptive, and affirmed the refusal to register on that ground.

Likelihood of Confusion: The goods are identical and therefore presumably travel through the same trade channels to the same classes of consumers. As to the marks, THE OHIO IPA and OHIO PALE ALE "look and sound alike only to the extent they contain the term OHIO. But, . . . in the beer context, there is evidence that 'IPA' signifies a sub-type of pale ale: India pale ale. So the respective marks have very similar meanings."

TBK argued that the Board gave too much weight to the word OHIO and not enough to THE. According to TBK, the word THE signifies that its “Ohio IPA” is "unique and the most outstanding or prominent choice for beer." The Board was unconvinced:

We fail to see how this essentially laudatory use of “THE” in Applicant’s mark, which points to the words that follow (Applicant’s “OHIO IPA” beer) distinguishes source from the seller of “OHIO PALE ALE” beer, which is essentially the same thing (an Ohio beer or pale ale). * * * In short, we find the marks, overall, to be similar, especially in meaning.

With all the relevant DuPont factors pointing one way, the Board had "no difficulty, on the record here, concluding that confusion is likely." And so it affirmed the Section 2(d) refusal.

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TTABlogger comment: Is this a WYHA? a half-WYHA?

Text Copyright John L. Welch 2026.