Finding of likelihood of confusion despite consent agreement
On October 30 2017 the Trademark Trial and Appeal Board (TTAB) affirmed the refusal of registration of the 8-BIT ALEWORKS mark on the ground of a likelihood of confusion with the 8 BIT BREWING COMPANY registered marks and composite mark (shown below) under Section 2(d) of the Lanham Act, 15 USC Section 1052(d). The applicant’s mark was for “beer” while the registrant’s marks were for “Beer, ale, lager, stout and porter; Malt liquor; Pale beer”.
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