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Attorneys at Law

Erik M. Pelton*
Mark L. Donahey**
Benjamin D. Pelton***

PO Box 100637
Arlington, VA 22210
T: 703.525.8009
F: 703.997.5349

* NJ DC Bar
** VA Bar
*** VA DC & NY Bar
erikpelton.com

of counsel

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE


June 18, 2010
Steven W. Jackson
Trademark Examining Attorney
Law Office 107
United States Patent and Trademark Office
RE:

Serial No:
Mark:
Applicant:
Office Action Of:

77830826
LIGHTHOUSE ALE
Fire Island Brewing Co., LLC
December 22, 2009

APPLICANT'S RESPONSE TO OFFICE ACTION


The following is the response of Applicant, Fire Island Brewing Co., LLC, by Counsel, to
the Office Action sent via email on December 22, 2009, by Examining Attorney Steven W.
Jackson.
DISCLAIMER REQUIREMENT
The Examining Attorney has required a disclaimer of the wording ALE. Applicant
amends the application to insert the following disclaimer:
No claim is made to the exclusive right to use "ALE apart from the mark as shown.
LIKELIHOOD OF CONFUSION REFUSAL
The Examining Attorney has refused registration of the proposed mark pursuant to
Trademark Act Section 2(d), 15 U.S.C. 1052(d), on the grounds that the mark is likely to be
confused with the mark in Registration No. 1774380. For the following reasons, Applicant
respectfully disagrees with the findings and requests that the Examining Attorney reconsider the
statutory refusal and allow registration of Applicants mark.
Likelihood of confusion between two marks at the PTO is determined by a review of all
of the relevant factors under the DuPont test. In re E.I. du Pont de Nemours & Co., 476 F.2d
1357, 177 USPQ 563 (CCPA1973). The two key considerations in ex parte likelihood of

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Response to December 22, 2009 Office Action

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

confusion analysis are the similarity of the marks and the similarity of the goods. See Federated
Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 192 USPQ 24 (CCPA 1976). Here, the
evidence of record shows that the goods are not related such that consumers would assume they
emanate from the same source, even when the goods are offered under the same or similar
marks. Therefore, the differences in the two marks combined with differences in the relevant
goods are sufficient to avoid any likelihood of confusion.
Relatedness of the Goods
The most significant question before the Examining Attorney is whether wine is related
to beer and ale for likelihood of confusion purposes. The Examining Attorney has identified a
number of third-party registrations that identify both beer and wine, and the Examining Attorney
also relies upon past holdings where various alcoholic beverages were found related to one
another. However, in light of the evidence Applicant has produced with this response, the
evidentiary record cannot support a finding that the goods are related.
While it is true that various alcoholic beverages have been found related for the purposes
of likelihood of confusion in the past, it is well settled that each case must be decided on its own
record. Interstate Brands Corp. v. Celestial Seasonings, Inc., 576 F.2d 926, 198 UPSQ 151, 152
(CCPA 1978); In re Sydel Lingerie Co., Inc., 197 USPQ 629, 630 (TTAB 1977). Beer and wine
are not necessarily related merely because they are both alcoholic beverages. Goods or services
may fall under the same general product category but operate in distinct niches. When two
products are part of distinct sectors of a broad product category, they can be sufficiently
unrelated that customers are not likely to assume the products originate from the same mark.
Checkpoint Systems, Inc. v. Check Point Software Technologies, Inc., No. 00-2373 (3rd Cir. Oct.
19, 2001).
Furthermore, there can be no rule that certain goods or services are per se related, such
that there must be a likelihood of confusion from the use of similar marks in relation thereto.
TMEP 1207.01(a)(iv); see Information Resources Inc. v. X*Press Information Services, 6
USPQ2d 1034, 1038 (TTAB 1988) (holding that the simultaneous use of XPRESS on
information software and X*PRESS for the transmission of information to computers is not
likely to cause confusion). Accordingly, neither examining attorneys nor the Board are bound to
abide by past decisions that two goods or services are related when they are presented with a

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Response to December 22, 2009 Office Action

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

different factual record, even when those past decisions are precedential. See In re Hyundai
Motor America, Serial No. 78889340 (September 14, 2009)(rejecting the notion that In re Jeep
Corp., 222 USPQ 333 (TTAB 1984)[precedential] created a rule that automobiles and
automotive tires are per se related, such that there must be a likelihood of confusion from the use
of the same or similar marks in relation to this pairing of goods). Here, as in Hyundai,
Applicant has produced significant evidence showing that registrants and the USPTO permit the
coexistence of many registrations for beer and wine for substantially similar marks owned by
separate entities. To Applicants knowledge, such evidence was not before the Board in any past
decision finding likelihood of confusion between beer and wine. Thus, the Board decisions cited
by the Examining Attorney are distinguishable because they were based on substantially
different factual records.
Turning to the evidence of record, the Examining Attorney relies solely upon 14 thirdparty registrations identifying both beer and wine, of which 13 remain valid.1 See
attachments to Office Action dated December 22, 2009. The number of registrations necessary to
show that two goods are related varies based on the circumstances. Compare In re Picture
Entmt Corp., Serial No. 78917269 (TTAB June 10, 2009)(six third-party registrations held
sufficient where marks were identical) with In re 3-D Belt Co., LP, Serial No. 76650341 (TTAB
November 7, 2008)(six third-party registrations held insufficient [T]he examining attorney
has submitted such a small number of third-party registrations relative to the belts and wallets
involved herein, and no additional evidence of actual use, that we find this showing
insufficient).
Here, the Examining Attorneys 13 valid third-party registrations are insignificant in light
of the sheer number of live use-based trademark registrations identifying either beer or wine,
but not both. For example, the term beer appears in the identifications of 3,570 live use-based
registrations that claim goods in class 32, and the term wine appears in the identifications of
7,913 live use-based registrations that claim goods in class 33. See Exhibit A. However, as
illustrated in Diagram 1 below, only 32 registrations exist in both of these sets. Id.

Registration No. 2748150 for AZANIA A NATION IN UNISON & Design was cancelled on March 7, 2010.

page 4

Response to December 22, 2009 Office Action

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

Diagram 1: Intersection of Registrations Identifying Beer and Wine2

Furthermore, Applicant has produced 45 pairs of third-party registrations that rebut the
Examining Attorneys evidence. In re G.B.I. Tile and Stone, Inc., 92 USPQ2d 1366, 1367
(TTAB 2009)([A]pplicants may submit sets of third-party registrations to suggest the opposite,
i.e., that the Office has registered the same mark to different parties for the goods at issue.); In
re Ayurvedic Concepts, Ltd., Serial No. 78800436 (TTAB December 5, 2008)(Applicant may
rebut this inference with evidence (e.g., an equal or greater number of third-party registrations
owned by different entities for the same or similar marks where each entity has registered its
mark for one of the goods at issue).); In re Hyundai Motor America, Serial No. 78889340
(September 14, 2009)(in addressing the 25 pairs of third-party registrations produced by the
applicant, the Board stated the fact that there are numerous third-party registrations for similar
marks owned by different entities for tires and automobiles is consistent with the conclusion that
trademark owners in these respective industries do not believe that there is a likelihood of
confusion between these marks for the listed goods. [emphasis in original]).
In Table 1, below, Applicant displays 45 pairs of the same or similar marks for which the
first has been registered by one party for beer and the second has been registered by another
party for wine. Copies of the registration certificates for all 90 of these marks have been
attached as Exhibit B.

http://chart.apis.google.com/chart?cht=v&chd=t:7913,3570,0,32&chds=0,7913&chs=500x250&chco=FF000066,0
000FF66&chl=Beer%20Registrations|Wine%20Registrations

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Response to December 22, 2009 Office Action

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

Table 1: Pairs of Third-Party Trademark Registrations for Beer and Wine

Beer

Wine

BLIND FAITH BLIND FAITH


Registration No. 2011128

Registration No. 2859391

BLUE MOON
Registration No. 3119888

Registration No. 2224435

Registration No. 3573073

Registration No. 3028015

Registration No. 2900750

Registration No. 3706126

Registration No. 1334618

Registration No. 3141168

HARVEST MOON
Registration No. 3573072

Registration No. 2870111

page 6

Response to December 22, 2009 Office Action

Beer

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

Wine

HOOPERS
Registration No. 2455569

Registration No. 310845

OBERON
Registration No. 3043604

Registration No. 3098799

Registration No. 3168170

Registration No. 3667286

DEVILS BACKBONE WINE


Registration No. 3712371

Registration No. 3098870

HOURGLASS
Registration No. 3661738

Registration No. 2764766

Registration No. 2946083

Registration No. 2903476

page 7

Response to December 22, 2009 Office Action

Beer

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

Wine

BLACK EYE ALE


Registration No. 2667078

Registration No. 3363470

Registration No. 3168169

Registration No. 3667286

Registration No. 1681366

Registration No. 1359598

ALAMO

ALAMOS

Registration No. 2196136

Registration No. 2783556

Registration No. 3499602

Registration No. 3126862

SONOMA MOUNTAIN

SONOMA MOUNTAIN TOP

Registration No. 2171500

Registration No. 3046590

page 8

Response to December 22, 2009 Office Action

Beer

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

Wine

FIRE ENGINE RED


Registration No. 3157744

Registration No. 2911683

Registration No. 3671520

Registration No. 3463202

STEELHEAD

STEELHEAD RUN

Registration No. 2950860

Registration No. 1400616

ASCENT
Registration No. 3406170

Registration No. 2845376

MURPHYS
Registration No. 2633968

Registration No. 3303892

BARREL BOTTLE
Registration No. 995937

Registration No. 3332980

CLASSIC DARK

CLASSIC CAB

Registration No. 1883835

Registration No. 3650313

RATTLESNAKE BEER

RATTLESNAKE RIDGE

Registration No. 2816294

Registration No. 2165482

page 9

Response to December 22, 2009 Office Action

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

Beer

Wine

TRIPLE BLACK

TRIPLE BLACK SLOPES

Registration No. 3090930

Registration No. 2722467

INDIA GOLD LABEL


Registration No. 1486399

Registration No. 3399401

BROTHERS
Registration No. 2889418

Registration No. 3417483

ELEPHANT
Registration No. 906899

Registration No. 3446914

Registration No. 3016047

Registration No. 3358401

GEORGE WASHINGTON PORTER GEORGE WASHINGTON VANDERBILT


Registration No. 1597742

Registration No. 2000803

HOOK & LADDER


Registration No. 3528320

Registration No. 2296182

page 10

Response to December 22, 2009 Office Action

Beer

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

Wine

KANGAROO
Registration No. 1564924

Registration No. 3334146

MAGIC HAT
Registration No. 2515629

Registration No. 3076685

SCHNEIDER
Registration No. 3421671

Registration No. 2427705

Registration No. 382880

Registration No. 3448996

MUSTANG
Registration No. 1441389

Registration No. 3272244

WINTER SOLSTICE

SOLSTICE

Registration No. 2450962

Registration No. 1798867

page 11

Response to December 22, 2009 Office Action

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

Beer

Wine

Registration No. 3625529

Registration No. 3343976

THE ROCKY MOUNTAIN LEGEND ROCKY MOUNTAIN VINEYARDS


Registration No. 1671293

Registration No. 2233621

GRIESEDIECK SELECTION

Registration No. 3361442

Registration No.1581846

VICTORY
Registration No. 2751912

Registration No. 3588337

Registration No. 2684632

Registration No. 3195187

Registration No. 3655317

Registration No. 3341183

page 12

Response to December 22, 2009 Office Action

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

The Examining Attorney has the burden to provide evidence showing that the goods and
services are related to support a finding of likelihood of confusion. TMEP 1207.01(a)(vi). The
above pairs of third-party registrations strongly rebut the Examining Attorneys evidence and
support the conclusion that beer and wine are not sufficiently related to result in likelihood of
confusion. Other than 13 registrations among a pool of thousands, there is no other evidence of
record showing that consumers encountering beer and wine under similar marks will assume
such goods emanate from the same source. Therefore, this factor strongly weighs against a
finding of likelihood of confusion.

Differences in the Marks


In light of the evidence showing that beer and wine are not related, few if any
dissimilarities between Applicants mark and the cited registration are necessary to avoid any
likelihood of confusion. Under DuPont, marks are compared for similarity or dissimilarity in
their entireties as to appearance, sound, meaning and commercial impression. In re E. I. du Pont
de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973). Since marks
tend to be perceived in their entireties, all of these components must be considered with
appropriate weight. See In re Hearst Corporation, 982 F.2d 493, 494 (Fed. Cir. 1992). Here,
Applicants LIGHTHOUSE ALE mark creates a distinctive and suggestive double entendre with
respect to Applicants goods that is not present in the cited registration, and Applicants mark
includes the unshared term ALE.
Applicants mark and the cited registration both share the compound term
LIGHTHOUSE. With respect to Applicants beer and ale goods and the wine goods in the
cited registration, LIGHTHOUSE is an arbitrary term meaning a structure (as a tower) with a
powerful light that gives a continuous or intermittent signal to navigators. Exhibit C. However,
as applied to beer and ale, the term LIGHT is a widely known indication that a beer is either a
reduced-calorie beer or a reduced-alcohol beer. Exhibit D. For example, 97 trademark
registrations identifying beer have disclaimed the right to use the word LIGHT. Exhibit E.
Thus, Applicants LIGHTHOUSE ALE mark both invokes the image of a lighthouse and subtly
suggests that Applicants beer and ale goods have light qualities. Therefore, Applicants
LIGHTHOUSE ALE mark is a double entendre that incorporates the meaning of a light beer into
the arbitrary term LIGHTHOUSE. In contrast, the cited LIGHTHOUSE registration for wine

page 13

Response to December 22, 2009 Office Action

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

does not create the same double entendre because light is not a term commonly used to refer to
a type of wine. Therefore, the marks create different meanings and commercial impressions
when encountered by consumers.
Furthermore, while the Examining Attorney has correctly observed that the term ALE
in Applicants mark has been disclaimed, ALE still cannot be ignored entirely when evaluating
the similarities and dissimilarities of the marks. Such a difference, though it may be small in
other contexts, is sufficient to avoid confusion where the goods in question are not closely
related. For example, four of the pairs of coexisting third-party registrations for beer and wine
offered by Applicant are virtually identical but for the addition of a descriptive term such as
ALE, WINE, or ZIN (short for Zinfandel wine). See Table 2, below.

Table 2: Pairs of Third-Party Trademark Registrations with Descriptive Terms


Beer
Wine

DEVILS BACKBONE WINE


Registration No. 3712371
Registration No. 3661738

Registration No. 2946083

Registration No. 3098870

HOURGLASS
Registration No. 2764766

Registration No. 2903476

BLACK EYE ALE


Registration No. 2667078

Registration No. 3363470

In conclusion, Applicants evidence has shown that Applicants beer and ale goods are
not closely related to the wine goods identified in the cited registration, and there is not a
likelihood of confusion among consumers even when the goods are offered under similar marks.
Therefore, the double entendre created by Applicants LIGHTHOUSE ALE mark and its use of
the unshared term ALE are sufficient to avoid any likelihood of confusion among consumers as
to the source of the goods offered under Applicants mark and the mark in the cited registration.

page 14

Response to December 22, 2009 Office Action

SN 77830826
Ex. Atty.: Steven W. Jackson
Law Office 115

Applicant has responded to all issues raised in the Office Action. If any further
information or response is required, please contact Applicant's attorney. The attorney may be
reached by telephone at 703-525-8009.

Exhibits:
Exhibit A:

TESS Search History for Registrations Claiming beer or wine

Exhibit B:

USPTO Trademark Registration Certificates for Registration Nos. 2011128;


2859391; 3119888; 2224435; 3573073; 3028015; 2900750; 3706126; 1334618;
3141168; 3573072; 2870111; 2455569; 0310845; 3043604; 3098799; 3168170;
3667286; 3712371; 3098870; 3661738; 2764766; 2946083; 2903476; 2667078;
3363470; 3168169; 3667286; 1681366; 1359598; 2196136; 2783556; 3499602;
3126862; 2171500; 3046590; 3157744; 2911683; 3671520; 3463202; 2950860;
1400616; 3406170; 2845376; 2633968; 3303892; 0995937; 3332980; 1883835;
3650313; 2816294; 2165482; 3090930; 2722467; 1486399; 3399401; 2889418;
3417483; 0906899; 3446914; 3016047; 3358401; 1597742; 2000803; 3528320;
2296182; 1564924; 3334146; 2515629; 3076685; 3421671; 2427705; 0382880;
3448996; 1441389; 3272244; 2450962; 1798867; 3625529; 3343976; 1671293;
2233621; 3361442; 1581846; 2751912; 3588337; 2684632; 3195187; 3655317;
& 3341183

Exhibit C:

Definition of lighthouse from Merriam-Webster Dictionary Online

Exhibit D:

Definition of light beer from the Glossary of Beer Terms at beerbooks.com

Exhibit E:

TESS Search Results for Registrations for beer That Disclaim LIGHT

APPLICATION NO. 77830826


RESPONSE TO OFFICE ACTION OF December 22, 2009
EXHIBIT A:
TESS Search History for Beer and Wine Registrations

TESS -- Print Search Summary

1 of 1

http://tess2.uspto.gov/bin/gate.exe?f=printbackref&state=4010:s8rpks.1.1

Trademark Electronic Search System(Tess)


TESS was last updated on Fri Jun 18 04:02:48 EDT 2010

Session Summary:
No.
Search Terms
S1 "live"[ld] and "1A"[CB] not 0[RN] and 032[IC] and "beer"[GS]
S2 "live"[ld] and "1A"[CB] not 0[RN] and 033[IC] and "wine"[GS]
S3 S1 AND S2

Documents
3570
7913
32

Occurrences
14768
33847
264

Please logout when you are done to release system resources allocated for you.

6/18/2010 12:09 PM

APPLICATION NO. 77830826


RESPONSE TO OFFICE ACTION OF December 22, 2009
EXHIBIT B:
Third Party USPTO Registrations

APPLICATION NO. 77830826


RESPONSE TO OFFICE ACTION OF December 22, 2009
EXHIBIT C:
Definition of LIGHTHOUSE from Merriam Webster Online

Lighthouse - Definition and More from the Free Merriam-Webster Dictionary

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Main Entry: lighthouse


Pronunciation: \lt-haus\
Function: noun
Date: 1622
1 : a structure (as a tower) with a powerful light that
gives a continuous or intermittent signal to
navigators
2 : BEACON 3
[LIGHTHOUSE ILLUSTRATION]

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"lighthouse." Merriam-Webster Online Dictionary. 2010.
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6/17/2010 3:22 PM

Lighthouse - Definition and More from the Free Merriam-Webster Dictionary

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http://www.merriam-webster.com/dictionary/lighthouse

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6/17/2010 3:22 PM

APPLICATION NO. 77830826


RESPONSE TO OFFICE ACTION OF December 22, 2009
EXHIBIT D:
Definition of LIGHT BEER from beerbook.com

BeerBooks.com: Glossary of Beer Terms

1 of 4

http://www.beerbooks.com/cgi/ps4.cgi?action=enter&thispage=top/res/qu...

Glossary of Beer Terms


Courtesy of Bill Owens at American Brewer Magazine.
AAU

Kriek

Alpha acid units. The measurement, in percentage of alpha acid,


of the potential bitterness in hops.

A beer, usually lambic or brown, that is brewed with cherries.

Lager
Adjunct
Grains (such as rice, corn, maize, or wheat) used in addition to
malted barley to make a beer. They tend to lighten the flavor of a
beer and produce alcohol.

From the German word to store, lagers represent a major family


of beers. They have a longer and cooler fermentation period than
ales, and are brewed with bottom-fermenting yeast. Most
German and North American beers are lagers.

Alcohol

Lagering

An intoxicating by-product of fermentation, which is caused by


yeast acting on the sugars in the malt. Alcohol content is
expressed as a percentage of volume or weight; the US uses
weight.

Aging the beer by letting it stand for a number of days in a


lagering tank.

Ale
One of the larger families of beers. True ales are fermented with
top-fermenting yeast. They are low in carbonation and served
warm. Best known in England.

All-Malt
Recently rediscovered in America, all-malt refers to a beer made
exclusively from barley malt, without adjuncts.

Lambic
Spontaneously fermented wheat beers from Belgium. The yeast
is not manually added; instead, it is allowed to drift in from the
surrounding countryside.

Light Beer
Low-calorie beers that also usually have a low-alcohol content
(for example, 3.2%). Sometimes light beer is produced by simply
watering a full-calorie and/or full-alcohol beer.

Lightstruck
Alt

Beer damaged by exposure to light. Also known as corona.

A German ale noted for its copper color and less wine-like taste.

Liquor
Amylase

The water used in making beer.

Enzymes that liquefy starches and convert them to maltose


(sugar) and dextrins.

Malt Extract
Syrups manufactured by evaporating excess water out of wort.

Aroma
The particular combination of smells from malt, hops, yeast, and
any unusual or distinctive disturbances in the beer.

Malted Barley

The basis of beer. Malted barley is created by germinating


(sprouting) barley for optimum starch content and enzyme
Balance Hoppiness versus maltiness
development, then drying it quickly. This provides starches that
The complexity of their interaction, and a measure of the brewer's convert to sugars, which then ferment into alcohol and CO2.
art.

Maltose
Barrel

The main fermentable sugar obtained from malted grains.

One US barrel equals two kegs or 31 gallons.

Mash Tun
Beer Styles

The double-jacketed, stainless-steel vessel in which mashing


The three major beer styles are lagers, ales, and specialty beers. occurs.
Specialty beers are brewed with various non-standard
ingredients.
Mashing

Beer
A fermented beverage made from barley. hops, water, and
yeast, and sometimes other ingredients.

The preparation of the wort, the liquid base of beer. Mashing


converts starches to sugars by mixing malted barley with hot
water.

Microbrewery
Bitter

Breweries and brewpubs producing less than 1,500 barrels per

6/18/2010 12:52 PM

BeerBooks.com: Glossary of Beer Terms

2 of 4

One of the British ales almost exclusively served on draft in


English pubs.

http://www.beerbooks.com/cgi/ps4.cgi?action=enter&thispage=top/res/qu...

year.

Mouthfeel
Bitterness
The taste component added by hops.

A sensory way of evaluating the body of a beer. Mouthfeel is the


viscous feeling in the mouth that provides a measure of the
texture of beer, ranging from thick to thin.

Black Patent Malt


Malted barley roasted at high temperatures to give color and
taste to the beer.

Munchener
Dark brown or golden German lager beers featuring sweet taste
and full body.

Bock
German-style beer with a strong alcoholic content. Dopplebock
has yet a higher alcoholic content (6% or more) and Eisbock
(made with a freezing process) can have an alcoholic content
equivalent to wine.

Palate
Taste. Influenced by the grains, hops, water, yeast, and adjuncts
used in production.

Pale Ale
Body
The particular feel of a beer is described as full-bodied, mediumbodied, or light bodied, depending on the sense of thickness or
thinness in your mouth.

Bottle of Beer

Light-colored ales that are usually full-bodied and on the bitter


side.

Pasteurization
The process of heating finished beer to kill all living organisms in
it, thereby stabilizing it for shipping and increased shelf life.

A bottle of beer equals twelve ounces.

Pilsner
Bottom-fermenting Yeast (Lager Yeast)
The yeast used to ferment lagers. This yeast works at colder
temperatures than ale yeast and settles to the bottom of the
fermentation vessel.

A type of lager beer, first made in Czechoslovakia in the late 13th


century.

Pitching
Adding yeast to the wort in the fermentation tank.

Bouquet (Nose)
The collection of smells, usually floral, that a drinker smells
Porter
before tasting the beer. Sometimes described as the combination A characteristically dark brown beer, of English origin. The
of hop character, malt aroma, and fruitiness produced from
bitterness of this beer derives from the use of roasted, unmalted
esters that are formed by the yeast during fermentation.
barley.

Caramel Malt

Primary Fermentation

A sweet, coppery malt, caramel malt imparts both color and


flavor to beer. Dried in a particular fashion, caramel malt has a
high concentration of unfermentable sugars that sweeten the
beer, contributing to head retention. Also known as crystal malt.

Occurring after pitching the yeast and during the first three days
on the average, fermentation converts sugars to alcohol and
carbonation. Fermentation time for the microbrewery ranges from
three to seven days.

Carbon Dioxide (CO2)

Priming Sugar

A gas consisting of one part carbon and two parts oxygen


released during fermentation.

Sugar added to the bottle or keg that ferments and provides


CO2.

Chill Haze

Priming

A condition occurring in some beers at low (near freezing)


temperatures caused by proteins in the beer becoming cloudy.
Not an indication of bad beer.

The process of adding sugar to the brew to create carbonation,


either in the bottle or keg.

Conditioning
The process of creating carbonation in the finished beer, typically
taking place in the bottle or keg after sugar is added.
Conditioning can also mean aging or lagering beer.

Proteins
Nitrogen-containing compounds, an excess of which cause a haze
in beer.

Racking

Making beer for smaller companies that either do not have a


brewery of their own or lack the capacity to meet demand.

The process of separating the fermented beer from the yeast


cells at the bottom of the fermenting vessel. Also the transfer of
finished beer to kegs. Broadly, moving beer from one vessel to
another.

Dextrins

Reinheitsgebot

Non (or slowly) fermentable carbohydrates found in the malt.


They give beer flavor, body, and mouthfeel.

A German purity law enacted in 1516 stipulating that beer can be


made only from barley, hops, water, and yeast.

Contract Brewing

6/18/2010 12:52 PM

BeerBooks.com: Glossary of Beer Terms

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Esters

Sanitization

Esters are organic compounds that result from the interaction of


acids and alcohol. The presence of esters can cause the fruity
flavors and aromas, such as banana, blueberry, and pear, that
intentionally or unintentionally occur in some beers.

The never-ending process of cleaning brewing equipment.

Sediment
Yeast material at the bottom of the bottle formed as a result of
conditioning the beer in the bottle. Not a sign of bad beer.

Fermentation
This is the process of producing alcohol and carbon dioxide
through the actions of yeast on grain-based sugars.

Shelf Life

Filtering

Describes the number of days that a beer retains its peak


drinkability. Shelf life is usually a maximum of four months for
commercially produced beers.

The process of passing beer through a porous substance to


clarify it. This process occurs after fermentation.

Sparging

Fining

Rinsing the mashed grains to ensure complete extraction of the


sugars from the mash.

A process of producing a bright beer by clearing the beer of


unwanted haze or yeast, by adding ingredients such as isinglass
or gelatin.

Stout
A fuller-bodied, richer, and sweeter version of porter.
Irish/English in origin.

Gravity (Specific)
The weight of a liquid relative to the weight of an equal volume of
water. Specific gravity must be checked before and after
fermentation. Used as an indication of the amount of alcohol
present in the finished beer.

Temporary Hardness
Hardness in water that can be removed by boiling.

Top-Fermenting Yeast (Ale Yeast)

A style of yeast that works at cellar or warm temperatures and


floats to the top of the beer. Ale yeasts are responsible for the
Dry mixture of barley malts and adjuncts used in mashing.
creation of most beers other than lagers. However, this style of
brewing is practiced mostly in England and very few breweries in
Head
the US use this type of yeast to produce real ales. Instead, US
Foam that forms on top of the beer when it is poured. Head tends ales are made with a modified lagering process.
to indicate the degree of carbonation, hops, and malt in the beer.

Grist

Trub
Homebrew

Proteins in barley filtered during the wort boil.

Commonly means beer brewed at a person's home.

Weisse
Hopping Rate
The amount of hops added to a specified volume of wort. Often
referred to in BUs (bittering units).

A beer made with approximately one-quarter wheat malts and


usually served cold with either woodruff or raspberry.

Weizenbier
Hops
One of the four principal ingredients of beer, hops are flower
cones added to beer as a bittering agent, a preservative, and an
aromatic.

A beer made with approximately one-third wheat malts and


usually served cold with lemon.

Wort

Hot Breaks

The sweet liquid derived from mashing, or mixing malted barley


with water. Wort is the beginning of all beers.

The first part of the clarification process, occurring when the wort
is boiled with hops.

Yeast

Hydrometer

Living plant microorganisms that convert sugars to alcohol and


carbon dioxide.

A thermometer-like device used to measure the specific gravity to


determine the proportion of potential alcohol in the beer.

Infusion
The process of introducing mash into hot water for mashing. The
infusion method of mashing involves mashing a single time at a
constant temperature, as opposed to other, more complex
mashing techniques that involve mashing more than once at
different heat levels.

Irish Moss
A seaweed that is added to boiling wort to filter proteins.

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Isinglass
Material made from fish bladders used to clarify beer.

Keg
A vessel holding 15.5 gallons that is used for serving beer in large
quantities.

Krausen Wort
A small quantity of sweet, unfermented wort added to finished
beer. This wort ferments to produce natural carbonation.

Copyright 2000-2008 All Rights Reserved


BeerBooks.com is a registered trademark.

6/18/2010 12:52 PM

APPLICATION NO. 77830826


RESPONSE TO OFFICE ACTION OF December 22, 2009
EXHIBIT E:
TESS Results for Registrations Disclaiming LIGHT

Record List Display

1 of 3

http://tess2.uspto.gov/bin/gate.exe

United States Patent and Trademark Office


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97 Records(s) found (This


page: 1 ~ 97)

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Serial
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S1:

"live"[ld] and "1A"[cb] not 0[rn] and "beer"[gs] and


032[IC] and "light"[ds]

Reg.
Number

docs: 97 occ:
495

Word Mark

Check
Status

Live/Dead

1 78978337

3266476

MIKE'S LIGHT HARD LEMONADE

TARR

LIVE

2 78976284

2996113

MIKE'S LIGHT

TARR

LIVE

3 78775379

3399734

MIKE'S LIGHT

TARR

LIVE

4 78812238

3264495

LABATT BLUE LIGHT IMPORTED DAILY FROM CANADA NO


PRESERVATIVES BIRE LGRE CANADIAN PILSENER LIGHT
BEER

TARR

LIVE

5 78560781

3128893

LABATT BLUE LIGHT FRESH CUTS

TARR

LIVE

6 78687309

3198265

KEYSTONE LIGHT RACING

TARR

LIVE

7 78674201

3205166

COORS LIGHT SUPER COLD DRAFT BEER SERVED BELOW


FREEZING

TARR

LIVE

8 78835411

3442646

SINGHA LIGHT THE LIGHT OF YOUR LIFE

TARR

LIVE

9 78836327

3203796

KENTUCKY LIGHT

TARR

LIVE

10 78827163

3165341

BUD LIGHT

TARR

LIVE

11 78814727

3171614

THE NEW LOOK OF LIGHT BEER

TARR

LIVE

12 78756326

3345627

I'M JUST HERE FOR THE BUD LIGHT

TARR

LIVE

13 78574169

3288704

BECK'S PREMIER LIGHT

TARR

LIVE

14 78504724

3216344

STAMPEDE LIGHT

TARR

LIVE

15 78266144

2917243

STITE LIGHT

TARR

LIVE

16 78266062

2856041

KEYSTONE LIGHT

TARR

LIVE

17 78274271

3238795

BLUE SKY. SUN LIGHT. BLUE LIGHT.

TARR

LIVE

18 78452059

3541754

TEXAS GOLD PREMIUM LIGHT BEER

TARR

LIVE

19 78365034

3178696

PREMIUM DORADA LIGHT LAGER

TARR

LIVE

20 78426695

3053335

BRAUEREI BECK & CO. BECK'S BREMEN GERMANY

TARR

LIVE

21 78418712

3144209

BECK'S LIGHT BRAUEREI BECK & CO BREMEN GERMANY

TARR

LIVE

22 78360219

3005052

LAP DOG LIGHT ALE

TARR

LIVE

23 78358346

2925255

MIDNIGHT 2006 SAM ADAMS LIGHT

TARR

LIVE

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24 78358339

2925252

MIDNIGHT 2005 SAM ADAMS LIGHT

TARR

LIVE

25 78237638

2884191

CERVEZA DEL MAR LIGHT

TARR

LIVE

26 78201451

2957949

BITBURGER LIGHT

TARR

LIVE

27 78188991

2874293

INDIAN RIVER LIGHT

TARR

LIVE

28 78094346

2972630

CABANA LIGHT

TARR

LIVE

29 77682302

3770049

BUD LIGHT LIME

TARR

LIVE

30 77757358

3765382

BUD LIGHT GOLDEN WHEAT

TARR

LIVE

31 77704396

3746166

STRAUB LIGHT BEER

TARR

LIVE

32 77584303

3678830

BUD ICE LIGHT

TARR

LIVE

33 77584253

3672014

ROCK LIGHT

TARR

LIVE

34 77014427

3767804

COORS LIGHT THE SILVER BULLET

TARR

LIVE

35 77476471

3553968

MIKE'S LIGHT HARD LEMONADE

TARR

LIVE

36 77249307

3659785

BUD LIGHT

TARR

LIVE

37 77249267

3659784

BUD LIGHT

TARR

LIVE

38 77246192

3473488

AS LIGHT AS IT GETS

TARR

LIVE

39 77222047

3479189

GENNY LIGHT GENESEE BREWING COMPANY, ROCHESTER, NEW


TARR
YORK

LIVE

40 77202499

3521692

NATURAL LIGHT

TARR

LIVE

41 77197015

3365512

COORSLIGHT SUPER COLD DRAFT POURED BELOW FREEZING

TARR

LIVE

42 77153094

3659749

BUD LIGHT

TARR

LIVE

43 77152740

3659748

BUD LIGHT

TARR

LIVE

44 77152063

3419516

MIKE'S LIGHT HARD TEA WITH A LEMON KICK

TARR

LIVE

45 77151917

3659747

BUD LIGHT

TARR

LIVE

46 77149982

3659746

BUD LIGHT

TARR

LIVE

47 77105328

3427729

MIKE'S LIGHT HARD TEA

TARR

LIVE

48 77095857

3301499

LABATT BLUE LIGHT

TARR

LIVE

49 77086363

3517133

ROCK LIGHT

TARR

LIVE

50 77053354

3423608

MIKE'S LIGHT HARD CRANBERRY LEMONADE

TARR

LIVE

51 77053345

3415138

MIKE'S LIGHT HARD CRANBERRY LEMONADE

TARR

LIVE

52 77036782

3281950

SCHAEFER LIGHT

TARR

LIVE

53 76465161

2923818

MOOSE LIGHT

TARR

LIVE

54 76032532

2830311

SAM LIGHT

TARR

LIVE

55 76695567

3681850

YUENGLING LIGHT LAGER AMERICA'S OLDEST BREWERY SINCE


1829

TARR

LIVE

56 76446633

2727067

MICHELOB GOLDEN LIGHT

TARR

LIVE

57 76549689

3514521

THE INDEPENDENT LIGHT BEER

TARR

LIVE

58 76254442

2597646

SAM ADAMS LIGHT

TARR

LIVE

59 76533327

2942759

COAST BREWING COMPANY BILOXI LIGHT

TARR

LIVE

60 76569515

3139516

1/2 COURT LIGHT

TARR

LIVE

61 76394579

2782889

MIDNIGHT 2004 SAM ADAMS LIGHT

TARR

LIVE

62 76394577

2782888

MIDNIGHT 2003 SAM ADAMS LIGHT

TARR

LIVE

63 76361524

2860792

R LIGHT

TARR

LIVE

64 75503185

2282182

NATTY LIGHT

TARR

LIVE

65 75791013

2836747

BARKLEY SOUND HONEY ALMOND LIGHT

TARR

LIVE

2346770

SAME TASTE / NEW LOOK! COORS LIGHT PREMIUM BEER A


TASTE BORN HIGH IN THE ROCKY MOUNTAINS

TARR

LIVE

66 75600733

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67 75876356

2406232

CORONA LIGHT

TARR

LIVE

68 75809749

2375320

BUD LIGHT

TARR

LIVE

69 75866615

2785242

MICH LIGHT

TARR

LIVE

70 75504224

2437655

ENSENADA LIGHT

TARR

LIVE

71 75132293

2083740

MEDALLA ULTRA LIGHT

TARR

LIVE

72 75158024

2097427

CLEARWATER LIGHT

TARR

LIVE

73 75430066

2253110

BUCK NAKED LIGHT BEER

TARR

LIVE

74 75048957

2124783

AMSTEL LIGHT

TARR

LIVE

75 75136866

2128307

AMERICAN LIGHT

TARR

LIVE

76 75152799

2089219

SKINNY ATLAS LIGHT

TARR

LIVE

77 74007579

1634291

MEDALLA LIGHT PUERTO RICO

TARR

LIVE

78 74495648

1877866

GOEBEL BEER QUALITY SINCE 1873 NATURALLY LIGHT GOLDEN


TARR
LAGER

LIVE

79 74368290

1901296

MGD LIGHT

TARR

LIVE

80 74607652

1962977

LABATT'S BLUE LIGHT LIGHT BEER QUALITY FRESHNESS


PURITY

TARR

LIVE

81 74128306

1677814

ROLLING ROCK LIGHT

TARR

LIVE

82 74123829

1727969

CORONA LIGHT

TARR

LIVE

83 74255228

1748768

COORS LIGHT THE SILVER BULLET

TARR

LIVE

84 74163349

1684609

COORS LIGHT

TARR

LIVE

85 74514501

1957087

CERVEZA TECATE LIGHT

TARR

LIVE

86 74324831

1845825

SCHAEFER PREMIUM LIGHT

TARR

LIVE

87 74102192

1691834

SPORT LIGHT

TARR

LIVE

88 73783446

1566259

BUD LIGHT

TARR

LIVE

89 73472464

1350920

BLUE LIGHT

TARR

LIVE

90 73796605

1573711

BUSCH LIGHT

TARR

LIVE

91 73694791

1514776

MOOSEHEAD LIGHT CANADIAN BEER

TARR

LIVE

92 73611616

1461239

AMSTEL LIGHT

TARR

LIVE

93 73673440

1482628

AMERICAN LIGHT MADE IN THE USA

TARR

LIVE

94 73525264

1358351

I.C. LIGHT

TARR

LIVE

95 73184382

1134783

COORS LIGHT BEER

TARR

LIVE

96 73386660

1261873

BUD LIGHT

TARR

LIVE

97 73386651

1257070

MICHELOB LIGHT

TARR

LIVE

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