Search the Archives           Subscribe           About this News Service           Reader Comments


Archived updates for Friday, August 18, 2006

BALASHI Not Primarily Geographically Descriptive of Beer from Aruba

In In re Brouwerij Nacional Balashi (August 2, 2006), the U.S. Trademark Trial and Appeal Board decided that the marks "BALASHI BEER" and "BALASHI" were not primarily geographically descriptive of beer.

As a general proposition, in order for registration of a mark to be properly refused on the ground that it is primarily geographically descriptive of an applicant's goods or esrvices, it is necessary to establish (i) that the primary significance of the mark is that of the name of a place generally known to the public and (ii) that the public would make a goods/place or services/place association, that is, believe that the goods or services for which the mark is sought to be registered originate in that place. . . .

[I]n dealing with the supposed reactions of a segment of the American public, in this case the average American beer consumer and not the unusually well-traveled tourist or even the aficionados of foreign beers, the isolated area or neighborhood of Balashi in the Caribbean island of Aruba is simply so minor, remote and obscure that its geographic significance would not be known or otherwise readily apparent to purchasers of applicant's beer. To be sure, the average American beer consumer, after perhaps quaffing a few "brews" while spending some time lying around on, or at least contemplating a vacation to, the white sand beaches of Aruba that serve as the island's principal tourist destinations, might have occasion to research and/or check out whatever other attractions, including gold mine ruins, a large desalination plant and applicant's brewery, would be of interest as a side trip to the locale of Balashi. The geographical significance, however, of the term "Balashi" would not be apparent without, at a minimum, consulting sources of tourism information. We consequently hold that, on this record, the Examining Attorney has failed to establish that the term "Balashi" is a place name which is generally known, that is, is not remote or obscure in its geographical significance, to American beer consumers and thus has not shown a reasonable basis for concluding that the marks "BALASHI BEER" and "BALASHI" are primarily geographically descriptive of applicant's goods within the meaning of the statute.

Aruba is a 32 km long island in the Caribbean Sea, 27 km north of the Paraguaná Peninsula, Falcón State, Venezuela, and it forms a part of the Kingdom of the Netherlands.

Brouwerij Nacional Balashi was founded in 1996 by one of Aruba’s largest companies, MetaCorp. Construction started in 1998 and the first beer was brewed eight months later in May 1999. In 2001, Balashi, the flagship beer for the company, won a gold medal in the prestigious “Monde Selection” in Brussels. Balashi was the brewery’s first uniquely Arubian product, with malt imported from Scotland, hops from Germany, and made using the island’s water. Balashi contains no artificial additives, and is now being exported to Curaçao and Bonaire.

Balashi has been described as tasting like a Dutch pilsner, most likely due to the Dutch heritage of its native Aruba.
    (1)comment(s)     translate     More Updates     Send    

1 Comments:

Anonymous Anonymous said...

^^Thanks!!

婚前徵信婚姻感情大陸抓姦外遇抓姦法律諮詢家暴婚前徵信尋人感情挽回大陸抓姦離婚工商徵信婚前徵信外遇抓姦感情挽回尋人大陸抓姦離婚家暴工商徵信法律諮詢跟蹤工商徵信婚前徵信感情挽回外遇抓姦法律諮詢家暴尋人大陸抓姦離婚大陸抓姦外遇尋人家暴工商徵信法律諮詢家暴感情挽回大陸抓姦外遇婚前徵信離婚尋人工商徵信外遇抓姦法律諮詢家暴婚前徵信大陸抓姦尋人感情挽回外遇抓姦婚前徵信感情挽回尋人大陸抓姦工商徵信法律諮詢離婚家暴工商徵信外遇抓姦法律諮詢家暴婚前徵信尋人感情挽回大陸抓姦離婚婚前徵信工商徵信外遇抓姦尋人離婚家暴大陸抓姦感情挽回法律諮詢離婚感情挽回婚前徵信外遇抓姦家暴尋人工商徵信外遇抓姦法律諮詢家暴婚前徵信尋人感情挽回">徵大陸抓姦離婚婚前徵信工商徵信外遇抓姦尋人離婚家暴大陸抓姦感情挽回法律諮詢

April 07, 2009 2:37 AM  

Post a Comment

<< Home