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Precedential No. 49: TTAB Affirms Surname Refusal of "BINION"; Renown of Binion Family Does Not Equal Acquired Distinctiveness

Applicant Jack B. Binion rolled snake eyes in his attempt to register the marks BINION and BINION'S for "casino and gaming services" and "hotel and bar services." The Board affirmed Section 2(d) and 2(e)(4) refusals to register his marks, finding them to be (1) confusingly similar to the registered mark BINION'S ROADHOUSE for restaurant services [ROADHOUSE disclaimed], and (2) primarily merely surnames. In re Jack B. Binion, Serial Nos. 76590702 and 76590729 (December 23, 2009) [precedential].Likelihood of Confusion: The Board found the involved marks to be similar in sound, appearance, and meaning, and very similar in overall commercial impression. Third-party registration evidence regarding the relatedness of the services, on balance, weighed in favor of the refusal to register, and the evidence showed that "casinos, hotels, bars and restaurants are often housed under the same roof...continue to full post

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