• About
  • Contact
  • Disclaimer
  • Oregon IP Resources

Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Tag Archives: TTAB

TTAB Rules Single Location Restaurant NOT Operating in Interstate Commerce

12 Tuesday Jan 2016

Posted by Kenan Farrell in Intellectual Property, Litigation, Oregon, Trademark

≈ Leave a comment

Tags

Opposition, TTAB, Use in commerce

The Trademark Trial and Appeal Board recently sustained a Section 2(d) opposition (by retail food giant Subway) to registration of the mark FLATIZZA for “pizza,” finding insufficient evidence that the Applicant, a single location restaurant in Bothell, Washington, operated in interstate commerce prior to the filing of its use-based application to register. Doctor’s Associates Inc. v. Janco, LLC, Opposition No. 91217243 (January 7, 2016) 

If you operate a single location restaurant or business and want to pursue federal trademark registration based on use in interstate commerce, here are some actions to consider based on this ruling:

  • Advertise in a restaurant, business or travel directory that is circulated in interstate commerce
  • Track out-of-state viewers to your website
  • Track out-of-state patrons of your business (via guest register, comment cards, reviews, etc.)
  • Document interactions from out-of-state residents on social media

Performing the above tasks could make all the difference should you have to prove use of your trademark in interstate commerce. In this case, Janco failed to maintain this type of evidence and thus was refused registration of its trademark.

TTAB Ruling:

View this document on Scribd

Categories

Create a free website or blog at WordPress.com.

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy
  • Follow Following
    • Oregon Intellectual Property Blog
    • Join 147 other followers
    • Already have a WordPress.com account? Log in now.
    • Oregon Intellectual Property Blog
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar