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Test Your TTAB Judge-Ability: Are "B.C. PIZZA" and "B&C PIZZA" Confusingly Similar?

Applicant sought to register the mark B.C. PIZZA for "dine in and carry out services featuring pizza and other Italian related cuisine and drinks," but pro se Opposer Satek, Inc. claimed likely confusion with its registered mark B&C PIZZA for restaurant services. Satek's brief was late, Applicant submitted no evidence or testimony, and the evidentiary record was "thin" [not sure about the pizza - ed.]. Was Opposer's claim more than half-baked? Satek, Inc. v. B.C. Pizza, Inc., Opposition No. 91171803 (November 30, 2010) [not precedential].Yes. Satek's 2(d) claim may have been thinly supported, but it was not half-baked.The Board excused Satek's tardy filing since the delay was minimal. Satek failed to properly submit its registration, but not to worry, since Applicant had counterclaimed for cancellation and did not dispute the status and title of the registration...continue to full post

Full post as published by The TTABlog on December 28, 2010 (boomark / email).