What was born as an April Fools joke a year ago is now seeking to become a reality as Elon Musk and Tesla’s legal team continue to fight to get the Teslaquila trademark approved.

In October 2018 Tesla filed a registered trademark application with the United States Patent and Trademark Office (USPTO) for Teslaquila, defining the product as “distilled agave liquor” and “distilled blue agave liquor.”

However, the USPTO rejected the trademark application because of Spirit Tesla, another liquor Brand with a name that could be “confusingly similar to Teslaquila” and cause issues among consumers.

The registered trademark for Spirit Tesla is owned by the Serbian beer company Valjevsko and commercializes bottles with a portrait of Nikola Tesla.

In a new legal motion, Tesla’s legal team has argued that the name Teslaquila would be instantly recognized as a brand derived from the electric car manufacturer, both for beverage buyers in the United States and in other regions.

On the other hand, Tesla also maintains Spirit Tesla invokes a connection between drinks and Nikola Tesla, not cars, in addition to the brand selling plum brandy, also known as Slivovitz, instead of tequila.

“Accordingly, the likelihood of confusion between Applicant’s mark and the cited mark is de minimis, if not altogether absent, and Applicant requests the refusal be withdrawn.”

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