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WYHA? TTAB Finds "LUCA'S CHOPHOUSE" Confusingly Similar to "LUCA PIZZA"

In this enervating Section 2(d) appeal, the Board affirmed a refusal to register the mark LUCA'S CHOPHOUSE & Design for "restaurant and bar services," finding it likely to cause confusion with the registered marks LUCA PIZZA and LUCA PIZZA DI ROMA for restaurant services. Applicant trotted out several feeble arguments, which the Board promptly chopped down. In re Luca?s Chophouse LLC, Serial No. 77335047 (September 15, 2009) [not precedential].The Board first noted that the involved services overlap. Applicant argued, irrelevantly, that Registrant's restaurants are "casual style eateries specializing in pizza that are frequently located in shopping malls," while applicant operates "a single restaurant that is 'an upscale fine dining establishment' offering 'a full service bar and live dinner entertainment such as small jazz/singing groups' and providing table service by wait staff...continue to full post

Full post as published by The TTABlog on September 29, 2009 (boomark / email).