Trademark Denial: ''Galloping Goose'' vs ''Galloping Gose''

James Bay Distillers, Ltd. is currently facing a trademark dispute over their application to register the mark "Galloping Goose" for distilled spirits. The trademark examining attorney initially rejected the registration, citing similarities to the mark "Galloping Gose," which is already registered for beer, and the potential for consumer confusion.

Factors Considered by the TTAB in the Appeal Decision

After an appeal by James Bay Distillers, Ltd., the refusal was upheld by the Trademark Trial and Appeal Board (TTAB). The decision was based on a thorough analysis of various factors, with a particular focus on the similarity of the marks and the relatedness of the goods involved.

The TTAB evaluates the visual appearance, sound, connotation, and overall commercial impression of the marks. In this case, both marks begin with the word "Galloping" and end with similar words, "Goose" and "Gose." While there may be a slight variation in pronunciation, the TTAB does not consider it significant.

Furthermore, the TTAB takes into account the nature of the goods, trade channels, and classes of purchasers. It recognizes that the goods in question, although different in terms of being distilled spirits and beer, are related enough to potentially cause confusion among consumers.

TTAB's Analysis and Decision

In its analysis, the TTAB refers to previous cases that highlight the fact that the goods and services involved do not need to be identical for confusion to arise. It clarifies that there is no absolute rule stating that all alcoholic beverages are automatically related, and each case is evaluated on its own merits.

To support the refusal, the Examining Attorney presents evidence of third-party websites where breweries produce and offer both beer and distilled spirits under the same house mark. This indicates that it is not uncommon for such establishments to market both types of alcoholic beverages, leading to potential overlaps in consumer perception.

The TTAB dismisses the applicant's argument that the case of Jacobs v Int’l Multifoods Corp. is relevant authority, as that case involved "restaurant services" alongside the goods. It emphasizes that establishing relatedness relies on the perception of the consuming public rather than the presence of additional elements.

Furthermore, the TTAB finds no merit in the applicant's assertion that the majority of brewers do not produce distilled spirits, as there is no requirement for a majority or unanimity in order to establish relatedness. The fact remains that some breweries do distill spirits and sell them under the same brand as their beer.

In light of the evidence presented, including third-party registrations provided by the applicant, the TTAB concludes that the refusal to register the "Galloping Goose" mark for distilled spirits is justified. The potential for confusion among consumers, based on the similarity of the marks and the relatedness of the goods, supports this decision.