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THIS DISPOSITION IS NOT CITABLE AS PRECEDENT OF THE STAB Mailed: July 29, 2002, Paper No. 19 CSL UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board Mighty Fine v. Say aka W.

Fine's mark “Say” “W. Draper” “Mighty Fine” is descriptive of a fine beverage that has a high alcohol content. The mark has been in force since 1922. See D.S., Inc. v. Sorenson, S.C., 715 F.2d 753 (10th Cir. 1983). The word “fine” is descriptive of the beverage. “Fine” is a word of general descriptive use and “fine” has been used with respect to the beverage industry since the 1800s. See ID; see also In re Sorenson, Inc., 831 F.2d 962 at 971-72 (9th Cir. 1987) (“[T]he term 'fine' has been in use since at least the 1830s”); R.G.K., Inc. v. F.A. Ciba-Geigy Corp., 806 F.2d 1092, 1097-98 (9th Cir. 1986) (“[F]firmer, 'the term 'fine' is, like 'fine liquor,' a descriptive term, not so often used with relation to [sic] other beverages because the quality of the beverage is judged by how well they 'finish'”); cf. In re G.R.M.C., 786 F.2d 671, 673-74 (9th Cir. 1986) (noting 'fine' is a general word and is used by many industries that sell various types of alcoholic beverages The word 'fine' is no doubt synonymous with the term 'fine” “). See generally George L. Miller, How to Apply for and Use the Trademark “Mighty Fine,” 719 P.2d 1274 (1981) (finding a wine bottle containing a glass of the trademark “Fine' to be confusingly similar to a bottle of wine bearing a similar sign “Mellow.”). “Mighty Fine” “W. Draper” “Mighty, Fine” has been in use since 1892, with registrations to date of August 22, 1934, October 22, 1952, June 29, 1978 (C.D. Cal.). The mark has not been used to imply a certain level of quality or purity of content. D.S., Inc. v. Sorenson, S.C., 715 F.2d 753 (10th Cir. 1983).

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