IP Law Daily, TRADEMARK—TTAB: Opposition to CUADRA trademark application for alcoholic beverages sustained, (May 13, 2025)

By Linda O’Brien, J.D., LL.M.

A company’s submission of CUADRA-branded bottles of alcoholic beverages in ads and social media posts and its failure to take any steps to obtain regulatory approval to produce those beverages for sale in the U.S. did not support a finding of a bona fide intent to use the mark in U.S. commerce.

A manufacturer of footwear and apparel was unable to register the mark “CUADRA” for types of alcoholic beverages because the company failed to show that it intended to use the proposed mark in connection with alcoholic beverages, the Trademark Trial and Appeal Board has determined. The Applicant’s evidence of its marketing efforts to expand its existing product line fell short of rebutting the Opposer's prima facie case and it acknowledged that it did not take any steps to obtain regulatory approval to produce CUADRA-branded alcoholic beverages for sale in the U.S. Thus, the opposition to the application registration was sustained (Tequila Cuadra S. de RL de CV v. Manufacturera de Botas Cuadra, S.A. de C.V., No. 91282327 (T.T.A.B. May. 8, 2025)).

Manufacturera de Botas Cuadra, S.A. de C.V. (“Applicant”), a Mexican manufacturer and distributor of boots and apparel, applied to register the standard character mark “CUADRA” on the Principal Register for “alcoholic beverages, except beer; distilled spirits produced in Mexico in accordance with specific standards” in International Class 33. According to the application, the English translation of “CUADRA” in the mark is “STABLE.” Mexican tequila manufacturer Tequila Cuadra S. de RL de CV (“Opposer”) filed a notice of opposition to the registration of the Applicant’s mark based on the Applicant’s lack of a bona fide intent to use the mark under Section 1(b) of the Trademark Act and the likelihood of confusion with the Opposer’s previously registered mark “CUADRA” for alcoholic spirits under Section 2(d) of the Trademark Act.

Lack of a bona fide intent to use. The Opposer made prima facie showing of the evidence that the Applicant lacked a bona fide intent to the use on the identified goods on the filing date of its application, according to the Board. The Trademark Act provides that a person who has a bona fide intention, under circumstances showing the good faith of the person, to use a trademark in commerce may request the registration of its mark by paying the prescribed fee and filing an application with the USPTO. The Opposer argued that the Applicant provided no documentary evidence to support its claim of a bona fide intent. Specifically, the Applicant identified no communications, invoices, contracts, labels, formulas, applications for regulatory approval, purchase orders, business plans, meeting minutes, or any documents contemporaneous with the filing of its CUADRA application. The Applicant has not yet begun seeking the required regulatory approval in Mexico or in the United States. The inclusion of alcoholic products in the advertising for the Applicant’s footwear and clothing produce was not evidence of a bona fide intent to use the mark in connection with alcoholic beverages.

The Board noted that the Applicant acknowledged that it had no communications with the necessary regulatory authority in the U.S. concerning the production and sale of any CUADRA-branded alcoholic beverage and conceded that the only documents it was relying upon were documents showing its ownership and control of the land, facilities, equipment, and personnel necessary to produce and market the identified goods in U.S. commerce under the CUADRA mark. Further, the Applicant’s submission of evidence of its marketing efforts to expand its existing product line under the CUADRA mark included advertising, social media posts, and Internet websites that showed bottles of alcoholic beverages labeled CUADRA as well as testimony regarding the company’s partial ownership of two wineries in Mexico fell short of rebutting the Opposer's prima facie case.

The Board noted that: (1) the CUADRA-branded bottles of alcoholic beverages in the advertisements and social media posts appeared to be props for the Applicant’s clothing and footwear products; (2) the Applicant failed to take steps to obtain regulatory approval to produce CUADRA-branded alcoholic beverages for sale in the U.S.; and (3) the labels for the CUADRA-branded alcoholic beverages had Spanish-language text and did not appear to be targeted to U.S. consumers. Similarly, the social media posts did not indicate an intent to specifically target U.S. consumers or offer alcoholic beverages under the CUADRA mark in the U.S. on the date the application was filed. Nothing in the Applicant’s documentary or testimony evidence tied any use or intended use of the CUADRA mark in association with alcoholic beverages in U.S. commerce. Thus, the opposition was sustained on the ground of the Applicant’s lack of a bona fide intent to use its mark in commerce as of the filing date of the application and there was no need to reach the merits of the likelihood of confusion claim, the Board concluded.

The Case is Opposition No. 91282327.

Judge: Stanley, L.

Attorneys: Miguel Villarreal (Lee & Cave, P.C.) for Tequila Cuadra S. de RL de CV. Angel Miguel Munoz (Lopez & Associates PLLC) for Manufacturera de Botas Cuadra.

Companies: Tequila Cuadra S. de RL de CV; Manufacturera de Botas Cuadra, S.A. de C.V.

Cases: Trademark USPTO