TTAB Shuts Down USA Ham's Bid to Register Meat Mark

In a precedential decision, the Trademark Trial and Appeal Board (TTAB) agreed that USA Ham LLC copied marks owned by Finnegan client Plumrose Holding Ltd., even though the latter does not operate within the United States.  The Board affirmed that USA Ham attempted to capitalize on its branding and reputation despite that.

La Montserratina, a meat company owned by Plumrose, is a popular brand found only in Venezuela. USA Ham, also a meat company, is a brand in the United States. USA Ham attempted to register "La Montserratina" for sales of meat products, including cold cuts, to which Plumrose filed an opposition. The TTAB said there was evidence that La Montserratina was known by U.S. consumers, which could lead to customer  confusion. 

In a statement to Law360, Finnegan partner Chip Rettew said, “We are very pleased to have secured this precedential victory for our client Plumrose to protect its famous LA MONTSERRATINA brand — known, trusted and loved for 75 years — against the actions of a defendant who sought to trade on Plumrose's reputation and goodwill in the United States.”

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