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Test Your TTAB Judge-Ability: Is "MARGARITA COMPANY" Merely Descriptive of Bar and Restaurant Services?

No, it isn't, said the Board. In a seven-page decision, the TTAB reversed a Section 2(e)(1) refusal to register the mark MARGARITA COMPANY, finding it not merely descriptive of restaurant and bar services. Although the mark is "highly suggestive," the Board resolved its doubts in favor of Applicant, as it must. In re Fazzari Restaurant Group LLC, Serial No. 77109197 (June 22, 2010) [not precedential].The record included definitions of "margarita" and "company," and evidence that margaritas are served in restaurants and bars, and that many restaurants include "margarita" in their names.Applicant argued that the words, taken together, "suggest an industrial activity, creating the commercial impression of a business that is engaged in a manufacturing enterprise ? e...continue to full post

Full post as published by The TTABlog on July 22, 2010 (boomark / email).