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Boston Beer’s attempt to trademark ‘Boston Strong’ phrase likely to not be approved

While applicants are sometimes able to overcome such refusals at the USPTO by submitting evidence of acquired distinctiveness or amending to the Supplemental Register, the USPTO expressly told the applicants that they could not overcome the refusal in this manner. Thus, it appears the fate of these applications is likely sealed.

The Boston Beer Company isn’t explicitly named in the article but according to the public filing for the “Boston Strong” trademark application, the company has received a non-final refusal letter.

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