USPTO Reverses Stance: 'PITORRO' Rum Now Registrable
The United States Patent and Trademark Office (USPTO) has recently reevaluated its stance on the registrability of 'PITORRO', a term traditionally associated with an unregulated, homemade Puerto Rican rum. This shift comes after an applicant argued that their legally produced rum should not be considered 'pitorro' due to its illegal counterpart's status.
Initially, the USPTO rejected the application to register 'PITORRO', deeming it a description of rum and potentially generic. However, the applicant, Orlando Lugo, argued that his legally distilled Puerto Rican rum could not be equated with the illegal 'pitorro'. The USPTO ultimately agreed, underscoring the distinction between the two.
The legalization of pitorro production in Puerto Rico may further complicate matters. The USPTO might now reconsider the registrability of 'PITORRO', potentially opening the door for competitors to challenge the trademark, similar to Taco Bell's successful challenge of a restaurant's claim to 'TACO TUESDAY'.
Meanwhile, Lugo's application for 'LUGO'S CRAFT PITORRO' was initially considered generic by the USPTO. However, the application was allowed to proceed after Lugo disclaimed exclusive rights to the term 'CRAFT PITORRO'. This case serves as a reminder for brand owners to be cautious with descriptive or generic terms in their trademarks, as they may hinder the path to trademark protection.
As the USPTO continues to scrutinize the registrability of terms like 'PITORRO', applicants targeting previously informal or regional goods should expect rigorous examination regarding genericness or descriptiveness. Our trademark team stands ready to assist brand owners navigate this complex process and defend their brands.
