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Canadian Concurrent Use Applicant Gets USA Minus MN, Says TTAB

British Columbia-based Overwaitea marched across the border and grabbed 49 states via its concurrent use application for registration of the mark URBAN FARE for "retail grocery store services." Overwaitea listed Urban Fare, LLC as an exception to its right to exclusive use. Urban Fare, LLC uses the same mark in Minnesota for "soups, chicken and vegetable stocks and broths." Overwaitea Food Group Limited Partnership v. Urban Fare, LLC, Concurrent Use No. 94002254 (September 9, 2009).The Minnesota company did not answer the order setting forth the rights claimed by Overwaitea, and so the Board entered judgment by default against Urban Fare, LLC and allowed Overwaitea time to prove its entitlement to the registration sought.Overwaitea's evidence satisfied the "touchstone" requirement for a concurrent use registration: that there is no likelihood that confusion will arise from the concurrent use of the marks in the defined geographical areas...continue to full post

Full post as published by The TTABlog on September 14, 2009 (boomark / email).