2010-06-18 Lighthouse Ale Oar Final W Exhibits

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
page 2
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
page 3
SN 77830826
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
SN 77830826
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
page 5
SN 77830826
Law Office 115
Table 1: Pairs of Third-Party Trademark Registrations for Beer and Wine
Beer
Wine
BLIND FAITH BLIND FAITH

Registration No. 2011128
BLUE MOON
HARVEST MOON
page 6
Beer
SN 77830826
Law Office 115
Wine
HOOPERS
OBERON
DEVILS BACKBONE WINE

HOURGLASS
page 7
Beer
SN 77830826
Law Office 115
Wine
BLACK EYE ALE

ALAMO
ALAMOS
SONOMA MOUNTAIN
SONOMA MOUNTAIN TOP
page 8
Beer
SN 77830826
Law Office 115
Wine
FIRE ENGINE RED

STEELHEAD
STEELHEAD RUN
ASCENT
MURPHYS
BARREL BOTTLE
CLASSIC DARK
CLASSIC CAB
RATTLESNAKE BEER
RATTLESNAKE RIDGE
page 9
SN 77830826
Law Office 115
Beer
Wine
TRIPLE BLACK
TRIPLE BLACK SLOPES
INDIA GOLD LABEL

BROTHERS
ELEPHANT
GEORGE WASHINGTON PORTER GEORGE WASHINGTON VANDERBILT

HOOK & LADDER

page 10
Beer
SN 77830826
Law Office 115
Wine
KANGAROO
MAGIC HAT
SCHNEIDER
MUSTANG
WINTER SOLSTICE
SOLSTICE
page 11
SN 77830826
Law Office 115
Beer
Wine
THE ROCKY MOUNTAIN LEGEND ROCKY MOUNTAIN VINEYARDS

GRIESEDIECK SELECTION
Registration No.1581846
VICTORY
page 12
SN 77830826
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
SN 77830826
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

HOURGLASS
BLACK EYE ALE

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
SN 77830826
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

EXHIBIT B:
Third Party USPTO Registrations

EXHIBIT C:
Definition of LIGHTHOUSE from Merriam Webster Online
Lighthouse - Definition and More from the Free Merriam-Webster Dictionary
1 of 2
Also Visit:
Unabridged
Visual
Britannica Online Encyclopedia
Dictionary
Home
http://www.merriam-webster.com/dictionary/lighthouse
Thesaurus
ESL:
Spanish/English
Learner's
for Kids:
Word Central
Medical
lighthouse
Premium Services
Downloads
Word of the Day
Word Games
Open Dictionary
Spelling Bee Hive
Ads by Google
Lighthouse Prints
Framed & unframed lighthouses art Low prices and 100% satisfaction
www.fulcrumgallery.com
Online Store
Help
About Us
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]
What Is a
"Haphephobic"
So Afraid Of?
Learn more about "lighthouse"
Learn more about "lighthouse" and related topics at Britannica.com
Ads by Google
Thesaurus
You can find it on Yahoo! Search for Thesaurus
Search.Yahoo.com
Do You Have ADHD?
Find out about an ADHD medication available for adults. Get the facts
ADHDTreatmentforAdults.com
Pronunciation Symbols
Share this entry:
Link to this page:

Search "lighthouse" in:
Thesaurus
Cite this page:
Spanish/English
MLA Style
"lighthouse." Merriam-Webster Online Dictionary. 2010.
Merriam-Webster Online. 17 June 2010
<http://www.merriam-webster.com/dictionary/lighthouse>
Medical Dictionary
Open Dictionary
Browse words next to:

lighthouse
APA Style
lighthouse. (2010). In Merriam-Webster Online Dictionary.
Retrieved June 17, 2010, from http://www.merriam-webster.com/dictionary/lighthouse
Products
Premium Services
Company Info
Contact Us
Advertising Info
Browse the Dictionary:

AB CD E F G HIJ KL MN O P Q R S TU V W X YZ#
Privacy Policy
6/17/2010 3:22 PM
Lighthouse - Definition and More from the Free Merriam-Webster Dictionary
2 of 2
http://www.merriam-webster.com/dictionary/lighthouse
2010 Merriam-Webster, Incorporated
6/17/2010 3:22 PM

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
2 of 4
One of the British ales almost exclusively served on draft in

English pubs.
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
3 of 4
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.
6/18/2010 12:52 PM
4 of 4
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

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

Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)

TESS was last updated on Fri Jun 18 04:02:48 EDT 2010
Please logout when you are done to release system resources allocated for you.
List
At:
OR
to
record:
97 Records(s) found (This

page: 1 ~ 97)
Refine Search
Current
Search:
Serial
Number
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
6/18/2010 12:57 PM
Record List Display
2 of 3
24 78358339
2925252
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
TARR
LIVE
62 76394577
2782888
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
6/18/2010 12:57 PM
Record List Display
3 of 3
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
| .HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/18/2010 12:57 PM

2010-06-18 Lighthouse Ale Oar Final W Exhibits

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2010-06-18 Lighthouse Ale Oar Final W Exhibits

Uploaded by

Copyright:

Available Formats

Attorneys at Law

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

APPLICANT'S RESPONSE TO OFFICE ACTION

Response to December 22, 2009 Office Action

Response to December 22, 2009 Office Action

Response to December 22, 2009 Office Action

Diagram 1: Intersection of Registrations Identifying Beer and Wine2

Response to December 22, 2009 Office Action

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

BLIND FAITH BLIND FAITH

Registration No. 2859391

Registration No. 2224435

Registration No. 3573073

Registration No. 3028015

Registration No. 2900750

Registration No. 3706126

Registration No. 1334618

Registration No. 3141168

Registration No. 2870111

Response to December 22, 2009 Office Action

Registration No. 310845

Registration No. 3098799

Registration No. 3168170

Registration No. 3667286

DEVILS BACKBONE WINE

Registration No. 3098870

Registration No. 2764766

Registration No. 2946083

Registration No. 2903476

Response to December 22, 2009 Office Action

BLACK EYE ALE

Registration No. 3363470

Registration No. 3168169

Registration No. 3667286

Registration No. 1681366

Registration No. 1359598

Registration No. 2196136

Registration No. 2783556

Registration No. 3499602

Registration No. 3126862

SONOMA MOUNTAIN TOP

Registration No. 2171500

Registration No. 3046590

Response to December 22, 2009 Office Action

FIRE ENGINE RED

Registration No. 2911683

Registration No. 3671520

Registration No. 3463202

Registration No. 2950860

Registration No. 1400616

Registration No. 2845376

Registration No. 3303892

Registration No. 3332980

Registration No. 1883835

Registration No. 3650313

Registration No. 2816294

Registration No. 2165482

Response to December 22, 2009 Office Action

TRIPLE BLACK SLOPES

Registration No. 3090930

Registration No. 2722467

INDIA GOLD LABEL

Registration No. 3399401