Attorney advertising. This article is general information, not legal advice.

Craft beverage makers love a compact, punchy name. Run two words together, drop the space, and it can look like a brand nobody else has. A new Trademark Trial and Appeal Board decision shows the limits of that approach, and why the distinctive word in your name has to be cleared across related drink categories, not just your own.

On October 22, 2026, in In re Bluebird Hardwater, Serial Nos. 90902279 and 97187261, the Board affirmed the refusal to register BLUEBIRD HARDWATER, in standard characters and in logo form, for “canned alcoholic beverages, except beer.” Judge Martha B. Allard wrote the opinion, and Judge Casagrande concurred. The decision is not precedential, so it doesn’t bind future panels.

Likelihood of confusion with BLUEBIRD DISTILLING

The refusal under Section 2(d) rested on the registered mark BLUEBIRD DISTILLING for “distilled spirits,” with DISTILLING disclaimed. The Board found canned alcoholic beverages and distilled spirits complementary and related, sold through the same channels to the same classes of buyers. In a concurrence, Judge Casagrande would have gone further and found the goods legally identical.

On the marks, the Board found BLUEBIRD the dominant element. Because it’s the first word in both marks, the marks were similar in sound and appearance, and they shared a similar meaning and commercial impression. The Board also found that buyers of these beverages can’t be presumed to be especially careful, so that factor was neutral.

Four third-party uses weren’t enough

The applicant submitted a large volume of evidence that BLUEBIRD is weak for drinks. After sorting it for relevance, the Board found four third-party uses of BLUEBIRD-containing marks, which it called too few to show commercial weakness. Those uses and three third-party registrations showed the cited mark was somewhat weakened conceptually, at worst suggestive. The Board treated the strength factor as neutral. With every factor either favoring refusal or neutral, the refusal stood.

This mirrors our TALKIE post, where evidence from only two other owners didn’t show a crowded field. A weakness argument needs real numbers.

HARDWATER still had to be disclaimed

The examining attorney also required a disclaimer of HARD WATER as merely descriptive. The record showed “hard” is defined as having a high concentration of alcohol, water is listed as an ingredient in the applicant’s goods, and third parties commonly use “hard water” to mean drinks made of alcohol and water. Third-party registrations for alcoholic beverages also disclaimed “hard” or “water.”

The applicant argued HARDWATER was a coined term that the examiner improperly split apart. The Board disagreed. Combining the two words and “omitting the space between them” didn’t make them anything other than descriptive. Being the first or only user of a descriptive term doesn’t make it distinctive either.

Takeaways for Iowa brewers, distillers, and beverage makers

• Telescoping descriptive words doesn’t create a brand. If each word describes your product, pushing them together usually still describes it.
• Find the word doing the work. The Board will focus on the distinctive part of your name, here BLUEBIRD, and compare it with others in the field.
• Clear across related categories. Spirits, canned cocktails, hard seltzers, wine, and beer can be treated as related. A search limited to your exact product type can miss the conflict that matters.
• Expect to disclaim descriptive terms. Words like “hard,” “water,” or “distilling” may need disclaimers, so the rest of your name has to carry the brand.
• Weakness evidence needs volume. A handful of similar names rarely narrows a registrant’s rights.

Before you commit to a name, our guide to how a trademark clearance search works walks through the steps. Our trademarks overview and guide to registering a trademark cover filing basics.

Sources: commentary on the TTABlog and the TTABVUE docket for Serial No. 90902279.

Talk with Iowa trademark counsel

Jason Sytsma helps Iowa breweries, distilleries, food and beverage companies, and consumer brands clear, register, and protect their names. Learn more on the About Jason page and the firm bio.

Contact the office to request a consultation. Any engagement is subject to conflicts review, an engagement agreement, and applicable professional-responsibility rules. This article is attorney advertising and is intended for general educational purposes only; it is not legal advice and does not create an attorney-client relationship. Results vary, and past experience does not guarantee a particular outcome.