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Precedential No. 6: With Proof of "Something More" Lacking, TTAB Finds Barbecue Sauce and Catering Services Not Related

The Board reversed a Section 2(d) refusal to register the mark JUMPIN' JACKS for barbecue sauce in view of the registered mark JUMPIN JACK'S for catering services. It ruled that the Office had failed to provide the "something more" required by Jacobs v. International Multifoods Corp., 212 USPQ 641 (CCPA 1982), to show that food items are related to catering services. [Actually, Jacobs dealt with restaurant services, but the Board extended the principle to catering services]. In re Giovanni Food Co., Inc., Serial No. 77796257 (February 18, 2011) [precedential].The Board first dealt with a procedural matter. Applicant attached to its brief copies of documents from the file history of the cited registration. However, the Board pointed out that "the filewrapper of a cited registration is not made of record by virtue of the Examining Attorney attaching to the Office Action the printout detailing the particulars of the issued registration...continue to full post

Full post as published by The TTABlog on March 02, 2011 (boomark / email).