Again Finding Wine Related to Whiskey, TTAB Upholds Refusal of ALTAMURA DISTILLERIES & Design Over ALTAMURA

A letter of protest derailed this application after approval for publication, the Office deeming the mark shown below, for "vodka, gin, whisky, blended whisky, malt whisky, wheat absinthe, all of the aforementioned distilled using wheat originating from Altamura, Italy," to be confusing similar to the registered mark ALTAMURA for wine. Unsurprisingly, the Board found the word ALTAMURA to be the dominant element in applicant's mark. Third-party use and registration evidence suggested that the involved goods "are of a type that may emanate from the same source under the same mark." In re Altamura Distilleries SRL, Serial No. 97600477 (November 12, 2025) [not precedential] (Opinion by Judge Mark Lebow).

During prosecution, Examining Attorney Robert Cohen required the applicant to amend its identification of goods to indicate that its distilled alcoholic beverages are made using wheat from Altamura, Italy. "According to Applicant, this means that the combined term “has a clear, distinct and well-known meaning and provides a distinct commercial impression to consumers, that the product is distilled using wheat that originates in the unique Altamura area of Italy." The Board was unmoved: this "does not mean that consumers are aware of this. Consumers encountering the marks are unaware of the contents of trademark files at the USPTO, such as specific identifications or goods or services, or any required amendments thereto."

Similarly, “ALTAMURA” as a surname may not be known to many consumers, and even if recognized as such in Registrant’s mark, those same consumers might interpret Applicant’s mark as likewise incorporating a surname, given the shared identical term. Or, they might perceive Registrant’s ALTAMURA mark as an extension of Applicant’s offerings under a shortened version of Registrant’s mark.

Applicant argued that relatively few companies sell wine together with whiskey, gin and/or vodka, or if they do, they sell them under different marks. The Board, however, observed that "the third-party use evidence in this case shows a significant number of companies that do offer both types of goods." That evidence corroborated the third-party registration evidence showing that both wine and whiskey, gin and/or vodka often originate from a common source, which "bolsters our finding of relatedness."

Applicant then contended that wine is found in a different section of a retail store than spirits or liquor, under different signage, and that the same is true of most websites. The Board, however, pointed out that there was no evidence to support this argument, and in any case, "the issue before us is not whether consumers would confuse Applicant’s and Registrant’s goods, but rather whether there is a likelihood of confusion as to the source of these goods."

Applicant oddly maintained that consumers of wine and distilled spirits are "generally very well educated" "well read," or "consult with other consumers and experts of these products before purchasing." That said, “even careful or sophisticated purchasers are not immune from source confusion.” Again, there was no evidence to support this attorney argument, and in any case "even careful or sophisticated purchasers are not immune from source confusion."

Furthermore, there are no restriction in the subject application or as to price or quality, and so the goods are presumed to include wines and distilled spirits offered at both low and high prices.

Finding that the first, second, third and fourth DuPont factors weigh in favor of a finding of likelihood of confusion, and the other factors were not relevant or argued, the Board affirmed the refusal.

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TTABlogger comment: The letter of protest is an inexpensive way to protect one's trademark. See Trademark Rule 2.149(d)(1), 37 C.F.R. § 2.149(d)(1) and TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) § 1715.02. See September 1, 2023 Letter of Protest Memorandum. I wonder how many are filed in a given year and how many are accepted.

Text Copyright John L. Welch 2025.