Tuesday, December 10, 2019

Fans of Tapatio Hot Sauce May Soon Have Tapatio Beer, Potato Chips According to Recent Trademark Applications

Tapatio is well-known for its hot sauce, but the hot sauce company may be moving into different product lines, if recent applications filed with the U.S. Patent and Trademark Office are any indication.
On December 5, Tapatio Foods, LLC filed four federal trademark applications for the marks below:
  • TAPATIO covering "beer" in Class 32;
  • TAPATIO covering "potato chips" in Class 29;
  • The logo above covering "potato chips" in Class 29; and
  • TAPTIO covering "beer" in Class 32.*
* likely a spelling error (will probably result in an abandonment of this application by Tapatio Foods).

Tapatio Foods, LLC filed each application on an intent-to-use basis, suggesting the company is not currently using its name and logo with the listed goods yet, but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). Before these marks can register, Tapatio Foods will need to start selling beer under the Tapatio name and potato chips under the Tapatio name and logo. See TMEP 1103.

While these applications by no means require Tapatio Foods to start selling beer or potato chips, the do suggest something is in the works. Tapatio fans - keep an eye out for Tapatio beer and potato chips in the near future.

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