Pan American Grain Mfg. Co. Inc.

This Opinion is Not a
Precedent of the TTAB
August 31, 2026
UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Pan American Grain Mfg. Co. Inc.
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Serial No. 98003349
Serial No. 98003380
(Consolidated)
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Samuel F. Pamias of Hoglund & Pamias, PSC for Pan American Grain
Manufacturing Company Inc.
Martha Santomartino, Trademark Examining Attorney, Law Office 112,
Matthew Cuccias, Managing Attorney.
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Before Lykos, Larkin, and Brock,
Administrative Trademark Judges.
Opinion by Larkin, Administrative Trademark Judge:
On June 25, 2026, the Board issued a final decision in these consolidated appeals
affirming the Trademark Examining Attorney’s refusal to register the standard-
character mark shown in application Serial No. 98003380 (the “’380 Application”) on
the ground that it was merely descriptive of the goods under Section 2(e)(1) of the

Serial Nos. 98003349 and 98003380 (Consolidated)
2
Trademark Act, 15 U.S.C. § 1052(e)(1). 21 TTABVUE 43. In the same decision, the
Board also affirmed the refusal to register the composite word-and-design mark
shown in application Serial No. 98003349 (the “’349 Application”) based on the
requirements under Sections 2(e)(1) and 6(a) of the Trademark Act, 15 U.S.C.
§ 1056(a), that Pan American Grain Mfg. Co. Inc. (“Applicant”) disclaim the exclusive
right to use TODO VINO apart from the mark as shown. 21 TTABVUE 43. The final
decision allowed Applicant 30 days in which to submit the required disclaimer in the
’349 Application. Id.
On July 23, 2026, Applicant timely filed a motion to reopen for entry of the
required disclaimer in the ’349 Application. 22 TTABVUE. In view thereof, the
disclaimer is accepted and entered in the ’349 Application in the following form:
No claim is made to the exclusive right to use TODO VINO
apart from the mark as shown.
Accordingly, pursuant to Trademark Rule 2.142(g), 37 C.F.R. § 2.142(g), the portion
of the Board’s final decision affirming the refusal to register in the ’349 Application
is set aside, and the ’349 Application, as amended to add the disclaimer, will be
forwarded for publication for opposition in due course.
The portion of the Board’s final decision affirming the refusal to register the mark
shown in the ’380 Application is unaffected and the date to appeal that portion of the
final decision continues to run from the June 25, 2026 date of the final decision.