Are you a single-location restaurant which owns a nationwide trademark registration for your brand? Or would you like to own a registration?
An interesting decision was recently issued by the Trademark Trial and Appeal Board rejecting a trademark application for pizza in connection with a single location restaurant. The question raised was whether interstate commerce was proven by the applicant; it's required for federal registration of a mark. In Doctor's Associates Inc. v. Janco, LLC, the applicant Janco LLC operated one restaurant in the State of Washington at which it sold pizza. Janco applied to register the name FLATIZZA for the pizza. The Board rejected the application because Janco failed to show that its restaurant services were rendered to any out-of-state customers.
The Board was looking for this type of proof:
|Goldsmith, Amy B. Partner and Co-Chair of Intellectual Property Group||Partner and Co-Chair of Intellectual Property Group||212.216.1135|