March 13, 2017
Authored and Edited by Paula E. Miller; B. Brett Heavner
In Luxco, Inc. v. Consejo Regulador del Tequila, A.C., Opp. No. 91190827 (TTAB Jan. 23, 2017), the TTAB dismissed Luxco, Inc.’s opposition to the registration of TEQUILA as a certification mark. The Board held that Luxco had failed to prove that “Tequila” is a generic term for a type of distilled spirit. In addition, Consejo Regulador del Tequila established that it is the entity that verifies compliance with the Official Mexican Standard for Tequila and thus has the right and authority to control the use of the term as a certification mark in Mexico and in the United States. Further discussion of the decision can be found on Finnegan’s INCONTESTABLE® Blog.
Food and Drug Administration (FDA), Trademark Trial and Appeal Board (TTAB), United States Patent and Trademark Office (USPTO)
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