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TTAB Affirms 2(d) Refusal of "CARMINE'S" Design for Restaurant Services in view of Two Other "CARMINE'S" Designs

Two CARMINE'S is/are enough, said the TTAB, in affirming a Section 2(d) refusal to register the mark CARMINE'S in the form shown here, in view of the two registered marks shown below (owned by different entities), all for restaurant services. Applicant Carmine's Broadway Feast, Inc. pointed out that one of those two marks was cited against the other during prosecution but the refusal was withdrawn; however, the Board observed once again that it is not bound by the actions taken by Examining Attorneys in cases not before it. In re Carmine's Broadway Feast Inc., Serial No. 78934642 (February 25, 2010) [not precedential].The Board wasted little time in finding the marks to be "highly similar" since CARMINE's is the dominant element in each mark...continue to full post

Full post as published by The TTABlog on March 04, 2010 (boomark / email).