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TTAB Finds "ZABA'S" for Restaurant Services Confusingly Similar to "ZABAR'S" for Catering and Retail Store Services

In this cross-country service mark battle, the Board sustained a Section 2(d) opposition to registration of the mark ZABA'S, in standard character and design form, for "restaurant services," finding it likely to cause confusion with the previously-used and registered mark ZABAR'S (in various forms) for food catering services, retail store services, and mail order services for gourmet food and related items. Zabar's & Co. v. Zaba's Grill, LLC, Opposition No. 91163191 (July 10, 2008) [not precedential].Opposer is the owner of the well-known food emporium on Manhattan's Upper West Side. Applicant operates several Mexican restaurants in Las Vegas under the name ZABA'S Mexican Grill. They clashed at the TTAB.The Board began with Opposer's claim of fame, but was not persuaded that ZABAR'S had achieved that lofty status...continue to full post

Full post as published by The TTABlog on July 29, 2008 (boomark / email).