Elon Musk’s ‘Teslaquila’ legal team pushes back on patent examiner’s naming concerns

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It seems that Elon Musk and Tesla’s legal team are not ready to give up on the notion of earning “Teslaquila” just yet. In a response to a patent examiner who rejected Tesla’s trademark application, Tesla’s legal team called the US Patent and Trademark Office (USPTO) to permit the company to go with its trademark application for Teslaquila, an alcoholic beverage created by Elon Musk onto Twitter.

While Teslaquila started off as a dark-humored April Fool’s joke out of Musk, the CEO has noted that Tesla will indeed release the beverage in the future. Sure , Tesla finally filed an application with the USPTO to signature the alcoholic beverage on October 2018, record the merchandise as “dried agave liquor” &; ldquo;distilled blue agave spirits. ” 

Unfortunately for the electric car manufacturer, the signature application was made with a patent examiner on account of Spirit Tesla, yet another liquor manufacturer whose name would allegedly be confusingly similar to Teslaquila. The signature for Spirit Tesla, whose bottles showcase a picture of Nikola Tesla, is owned by Serbian brewing firm Valjevsko. In its reaction to the patent examiner, Tesla’s legal team contended that Teslaquila will probably not be confused with Spirit Tesla. 

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Explaining their things, Tesla’s legal team argued that the name “Teslaquila” is immediately recognizable as a beverage linked to the electric car manufacturer , both for purchasers of the beverage in the United States and other areas. In contrast, Spirit Tesla especially uttered a relationship between the liquor and the “spirit” of Nikola Tesla. Tesla’s legal team also pointed out that Teslaquila and Spirit Tesla are not similar products, considering that the former is listed as distilled agave liquor/distilled blue agave liquor and the latter is employed in relationship with plum brandy, also called Slivovitz. 

With these things in mind, Tesla’s legal team noted that confusion involving Teslaquila and Spirit Tesla will be unlikely. “Accordingly, the likelihood of confusion involving Applicant’s mark and the cited mark is de minimis, if not altogether absent, and Applicant requests the refusal be withdrawn,” Tesla’s legal team wrote in its reseponse. 

It ought to be noted that Tesaquila really isn’t the first themed alcoholic drink which will be published by an Elon Musk-led firm. Back in 2016, SpaceX offered a SpaceX Wine at celebration of the Falcon 9’s most successful landing. With this in mind, a sour, alcoholic beverage named after the electric car maker does appear to be in nature for Elon Musk and his tumultuous auto and energy firm.

See Tesla’s answer to the rejection of Teslaquila’s trademark application below.

Teslaquila Patent Response by Simon Alvarez on Scribd

The article Elon Musk’s ‘Teslaquila’ lawful team pushes on patent examiner’s naming concerns appeared initially on TESLARATI.

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