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Intellectual Property Law

: The TTABlog

TTABlog Test: Is CITRUS CLUB for Cocktail Lounge Services Confusable With CITRUS KITCHEN for Restaurant Services?

The USPTO refused to register the mark CITRUS CLUB for "cocktail lounge services" [CLUB disclaimed], finding confusion likely with the registered mark CITRUS KITCHEN, in standard character and design form, for "restaurant services" [KITCHEN disclaimed]. Applicant argued that it uses its mark at "a reservation-only rooftop cocktail lounge atop a five-star hotel in Charleston, South Carolina," that "operates exclusively in the evenings, employs a dress code, and prohibits children under the age of 21 from entering," whereas the registered mark is used at a "sole store-front physical location in Rancho Cucamonga, California . . . focused on hand-crafted, healthy meal options . . . [and] is also open during the day, closes at 8:00 pm on Monday through Saturday, does not feature a dress code, and allows children...continue to full post

Full post as published by The TTABlog on October 21, 2020 (boomark / email).