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Finding Two "MILLER'S" Marks for Restaurant Services Confusingly Similar, TTAB Affirms 2(d) Refusal

Miller's Pub, on South Wabash in Chicago, failed to overcome the PTO's Section 2(d) refusal to register the mark MILLER'S in stylized form (shown below, left) for bar and restaurant services. Apparently it was not "Miller's Time," because the Board found the mark likely to cause confusion with the mark MILLER'S & Design, registered for a "full service restaurant" (below, right). In re Twenty Three East Adams Street Corp., Serial No. 76978795 (January 29, 2009) [not precedential].Applicant started out behind the proverbial 8-ball, since the involved services are identical or overlapping, leading the Board to conclude that the channels of trade are also identical or overlapping. Moreover, when the services overlap, a lesser degree of similarity between the marks is necessary to support a finding of likely confusion...continue to full post

Full post as published by The TTABlog on February 11, 2009 (boomark / email).