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Affirming 2(d) Refusal of "SMOKEYS HOUSE OF BARBEQUE," TTAB Finds Clothing and Sauce Related to Restaurant Services

Applicant Full Service Deli Distributors could not argue its way around the PTO's evidence in support of a 2(d) refusal of SMOKEYS HOUSE OF BARBEQUE for "wearing apparel, namely, shirts, T-shirts, shorts and aprons," "food preparations, namely, salad dressing, barbeque sauce, marinade, ketchup and hot sauce," and "restaurant services" ["BARBEQUE" disclaimed]. The Board found the mark likely to cause confusion with the registered mark shown below, for restaurant services [SMOKEY'S ORIGINAL RIB PIT BAR-B-QUE" disclaimed]. In re Full Service Deli Distributors, Inc., Serial No. 77084059 (June 4, 2008) [not precedential].Applicant argued that the goods and services are "different," ignoring that the services are in part identical. As to its goods, Applicant lamely contended that "there has been no indication that ...continue to full post

Full post as published by The TTABlog on June 19, 2008 (boomark / email).