Friday, March 8, 2019

A PBR Seltzer? Maybe, According to Pabst Brewing Company's Recent Trademark Applications

The company behind the beer previously (or still?) known for being a favorite among hipsters may be moving into the trendy alcoholic seltzer business if recent trademark applications are any indication.
On March 4, Pabst Brewing Company, LLC filed applications to register PABST BLUE RIBBON STRONGER SELTZER and STRONGER SELTZER as trademarks for "alcoholic beverages, namely, hard seltzer" with the U.S. Patent and Trademark Office.

The brewing company filed both applications on an intent-to-use basis, suggesting it is not currently using these marks to sell the listed goods but has a bona fide intention to do so in the near future. 15 USC 1051(b); TMEP 806.01(b).

These are the only two active trademark applications or registrations for a seltzer owned by Pabst Brewing Company, LLC. Back in April 2016, the company filed an application for GILTY SELTZER covering "hard seltzer [and] hard cider" but it was refused registration due to GILT BAR, an existing registration covering bar and restaurant services. Pabst never responded to the refusal and the application went dead.

Will we see a PBR seltzer this summer? We just might. And for whiskey fans, apparently PBR recently announced it's getting into the whiskey business too.

Wednesday, March 6, 2019

Recent Trademark Applications Suggest Allegiant Travel Company May Be Expanding Well Outside the Airline Industry

Recent federal trademark applications suggest discount airline Allegiant may be getting into the restaurant and entertainment center business (and into several other businesses).
On March 1, Allegiant Travel Company (the parent company of Allegiant airlines) filed an application with the U.S. Patent and Trademark Office to register ALLEGIANT NONSTOP as a trademark for:
  • Entertainment and recreation services, namely, providing amusement and recreation center facilities with an aviation theme (Class 41); and
  • Casual restaurants with an aviation theme featuring American cuisine (Class 43)
On that same day, Allegiant Travel Company filed another application for PLAYNONSTOP covering the following:
  • Providing a website featuring issuing stored value cards for use at entertainment centers (Class 36); and
  • Providing a website featuring booking and reservation services for birthday parties at entertainment centers (Class 41)
Interestingly, these are not the first federal trademark applications outside of the airline industry filed by Allegiant Travel Company recently. Since July 2018, the company has filed applications for:
  • GOLFSEEKER for "Entertainment services, namely, providing golf course and golf club facilities; and entertainment in the nature of golf tournaments"
  • ZEN 4CE for "Providing recreational areas in the nature of quiet lounges"
  • 4CE'D ESCAPE for "Entertainment services in the nature of escape room attractions"
  • GRIP N ROLL for "Providing bowling alleys"
  • JUNIOR G'S for "Providing recreational areas in the nature of play areas for children"
  • G-PRIX for "Rental of go-karts"
  • DARK 4CE for "Providing facilities and equipment for playing laser tag games"
  • SUNSUITES for "Hotel and resort hotel services"
Do the trademark applications mean Allegiant is definitely going into these various fields? Not exactly. Allegiant filed each application on an intent-to-use basis, suggesting it is not using these marks to provide the listed services yet but has a bona fide intention to do so in the near future. 15 USC 1051(b); TMEP 806.01(b). Before these marks can register, Allegiant must start using them to render the listed services and submit sufficient proof of such use to the U.S. Patent and Trademark Office. See TMEP 1103. It is not required to start using the marks, however.

In any event, it looks like Allegiant may have big plans to expand outside the airline industry.