Booze is Booze: Whether a fine wine or “jungle juice,” the USPTO considers them all “related” for conflict purposes:

I have had several clients over the years attempt to register trademarks for various types of alcohol, i.e., wine, beer, etc.   When conducting a search for these trademarks, I will often find similar Marks registered for entirely different types of alcohol.  For example, the client is a winemaker, and wants to secure a name for his small vintage cabernet sauvignon.  Lo and behold, a search reveals an identical name for a beer trademark.

Unfortunately for the client in this instance, the USPTO will cite this beer trademark against the client’s desired wine trademark.   This would also be the case for any type of alcoholic beverage (i.e., gin, amaretto, etc.).   When I first encountered this situation early in my career, I was a bit taken aback.  Other than perhaps a few wine coolers marketed by wineries, I was not aware of any wines and/or beers that shared the same trademark (i.e., produced by the same entity).   Although both contained alcohol, that’s where the similarities ended.

Regardless of whatever my thoughts were, the USPTO has been consistent on this point: All alcoholic beverages are “related” for trademark purposes.  See TTAB decision in Anheuser-Busch, LLC v. Innvopak Sys. Pty Ltd. , 2015 TTAB LEXIS 260 (Board found wine Mark for “VINEBUD” to be confusingly similar to BUDWEISER).    According to the Board, since there are certain instances of craft breweries also selling wines (although that is mostly limited to “barleywine” in my personal experience), the public expects both wine and beer to come from the same source.   This logic has also extended to spirits, blended liquors, etc.  See In re 8 Vini, Inc., Serial No. 85857391 (January 16, 2015) [not precedential] (Board finds “MASQUERADE” for “sparking wines” confusingly similar to “MASCARADE” for “mixed beverage containing alcohol and fruit juice.”

So, when coming up with a name for your wines and/or beers, it is important to make sure no other “similar” Marks are already registered, even if they are for entirely distinct beverages.   Otherwise, you may be left with a nasty “conflict” hangover, once your application is reviewed by the USPTO.   Just another reason to consult with experienced trademark counsel prior to deciding upon, and attempting to secure a Mark.