Differences in Restaurant Concept May Not Be Enough to Overcome Similarities in Name for Trademark Registration Purposes
Restaurateurs recognize differences in restaurant concepts and often believe that such differences will obviate consumer confusion even when the same or similar names are used by two different concepts. Often they are right! However, the U. S. Patent and Trademark Office has its own standards and guidelines and often refuses registration of a junior applicant despite the obvious differences in concept and location. See http://thettablog.blogspot.com/2009/09/wyha-ttab-finds-lucas-chophouse.html
Restaurateurs who seek a federal registration and/or seek to franchise should be especially aware of this.
