On behalf of our client, Chatham Imports, we prevailed in an opposition before the Trademark Trial and Appeal Board (TTAB) based on the client’s rights to the names FARMER’S and FARMER’S BOTANICAL for gin against an application for Class 33 registration of FARMER’S CREED for hard seltzer.
The TTAB ruling found in our client’s favor on grounds of priority and likelihood of confusion. Specifically, that our client’s FARMER’s mark, registered with the USPTO in 2010 with the launch of its small-batch gin, has acquired distinctiveness in the distilled spirits industry, and that a Farmer’s Creed-branded hard seltzer was likely to cause confusion among consumers.
In its ruling, the TTAB took note of the fact that the Firm “has initiated 11 opposition proceedings (including the present proceeding) before the USPTO, against applicants seeking to register FARMER or FARMER-inclusive marks in connection with gin, distilled spirits, or alcoholic beverages in International Class 33.”