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WYHA? TTAB Finds "THE ORIGINAL CHUBBYS MEXICAN FOOD" and "EL CHUBBY'S" Confusingly Similar for Restaurant Services

In a mere seven pages, the TTAB affirmed a Section 2(d) refusal to register the mark THE ORIGINAL CHUBBYS MEXICAN FOOD for bar and restaurant services [THE ORIGINAL and MEXICAN FOOD disclaimed], finding the mark likely to cause confusion with the registered mark EL CHUBBY'S for "restaurant services featuring Mexican food." If you were Applicant's counsel, what argument would you have made to overcome the refusal? In re Chubby?s, Inc., Serial No. 77481121 (April 23, 2010) [not precedential].Of course, the Board found the involved services to be legally identical, and it presumed that the services are marketed in the same, normal trade channels to the same classes of customers.Applicant argued that "[t]he consumer who is interested in purchasing Mexican food is sophisticated...continue to full post

Full post as published by The TTABlog on April 29, 2010 (boomark / email).