Iron Hill Brewery, LLC

Trademark Trial and Appeal Board

Jul 28, 2017

No. 86682532 (T.T.A.B. Jul. 28, 2017)

This Opinion is Not a
Precedent of the TTAB

Hearing: July 25, 2017 Mailed: July 28, 2017

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Iron Hill Brewery, LLC
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Serial No. 86682532
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Anthony M. Brichta of Buckley, Brion, McGuire & Morris LLP,
for Iron Hill Brewery, LLC.
Q Queen, Trademark Examining Attorney, Law Office 111,
Robert L. Lorenzo, Managing Attorney.
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Before Bergsman, Ritchie and Greenbaum,
Administrative Trademark Judges.

Opinion by Bergsman, Administrative Trademark Judge:
Iron Hill Brewery, LLC (“Applicant”) seeks registration on the Principal Register
of the mark THE CANNIBAL (in standard characters) for “beer,” in Class 32.1
The Trademark Examining Attorney refused registration of Applicant’s mark
under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the ground that
Applicant’s mark so resembles the registered mark THE CANNIBAL (standard

1 Application Serial No. 86682532 was filed on July 2, 2015, under Section 1(a) of the
Trademark Act, 15 U.S.C. § 1052(a), based upon Applicant’s claim of first use anywhere and
use in commerce since at least as early as January 1, 2005.
Serial No. 86682532
- 2 -
characters) for, inter alia, “restaurant services; restaurant services, namely,
providing food and beverages for consumption on or off the premises,” in Class 43, as
to be likely to cause confusion.2
When the refusal was made final, Applicant appealed and requested
reconsideration. After the Examining Attorney denied the request for
reconsideration, the appeal was resumed, and an oral hearing was held. We reverse
the refusal to register.
I. Preliminary Issue
In response to the first Office Action, Applicant argued that “the vast majority of
breweries do not operate their own restaurants and the vast majority of restaurants
do not brew their own beer” citing links to and