[Julie Kappelman, Cite Checker 2017-2018]

In January 2017, the Trademark Trial and Appeal Board (“TTAB”) issued a ruling that rejected the argument that “tequila” was generic and permitted the applicant to register “TEQUILA” as a certification mark.[1] The certification mark for “TEQUILA” was issued on June 20, 2017, with the registration number 5225126 to the applicant, Consejo Regulador del Tequila (CRT),[2] a Mexican nongovernmental entity entrusted with authority to monitor, regulate, and control tequila from the Mexican government. This decision in the context of international agreements shows how intellectual property rights and international trade agreements can conflict, as well as how different federal agencies view one another’s jurisdictions. Read More