Cesari v. Torres

Casa Vinicola Gerardo Cesari S.R.L. (Casa Vinicola) appeals from the decision in an opposition proceeding by the United States Patent and Trademark Office Trademark Trial and Appeal Board (Board) denying the registration of its mark DUE TORRI and design. See Miguel Torres S.A. v. Casa Vinicola Gerardo Cesari S.R.L., Opposition No. 99, 024, slip op. at 15 (TTAB Dec. 5, 1998). Because the Board did not consider the appearance of the marks when determining that DUE TORRI is confusingly similar to marks owned by Miguel Torres, and did not sufficiently explain its Conclusion regarding the length of time and conditions under which there has been concurrent use without actual confusion, we vacate the Board decision and remand the case for further proceedings.