SUMESA S.A.

Trademark Trial and Appeal Board

Aug 10, 2021

88584024 (T.T.A.B. Aug. 10, 2021)

THIS OPINION IS NOT A
PRECEDENT OF THE
TTAB
Mailed: August 10, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
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Sumesa S.A.

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Serial No. 88584024
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Request for Reconsideration

Maxine L. Barasch of Keohane & D’Alessandro PLLC,
for Sumesa S.A.

_____
Before Taylor, Wolfson, and Shaw,
Administrative Trademark Judges.

Opinion by Wolfson, Administrative Trademark Judge:

On July 2, 2021, the Board affirmed the Examining Attorney’s refusal to register
Applicant’s mark (depicted below)

10 TTABVUE.
On August 2, 2021, Applicant filed a request for reconsideration of our final
decision. 11 TTABVUE. Applicant’s request, filed on the last day of the allowable
Serial No. 88584024

2

period, is timely. See Trademark Rule 2.144 (request for reconsideration in ex parte
case must be filed within one month from the date of the decision).
Applicant contends that the Board erred in deciding that a likelihood of confusion
is present between the applied-for mark and the cited registered mark RANCHERO,
Reg. No. 2956636. Specifically, Applicant restates the Board’s findings on several of
the DuPont factors, reiterates its arguments against them, and concludes that the
Board’s decision was in error. Applicant essentially repeats its primary assertion that
even if the factors regarding the goods, trade channels, and classes of consumers
weigh in favor of finding a likelihood of confusion, the dissimilarities in the marks
outweigh these considerations and compel a finding of no likelihood of confusion.
The purpose of a request for reconsideration is to show that, based on the
evidence submitted and the prevailing authorities, the Board’s decision was
erroneous and should be changed or modified. The request may not be used to
introduce additional evidence, nor, as was done here, should it be devoted simply to
a reargument of the points presented in the requesting party’s brief on the case.
“Rather, the request normally should be limited to a demonstration that, based on
the evidence properly of record and the applicable law, the Board’s ruling is in error
and requires appropriate change.” TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF
PROCEDURE § 543 (June 2021). Applicant has not shown that the Board’s findings or
ultimate ruling was in error.
Decision: Applicant’s Request for Reconsideration is denied and the July 2,
2021 decision stands as issued.