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WYHA? TTAB Affirms 2(d) Refusal of "VICCINO'S & Design" Over "IL VICINO" for Restaurant Services

No matter how you slice it, Applicant Viccino's was in deep-dish trouble when it appealed from a Section 2(d) refusal to register its logo mark shown below for "delivery of food by restaurants" and "carry-out restaurants." The Board affirmed, finding the mark likely to cause confusion with the registered mark IL VICINO for restaurants. In re Viccino's Pizza Restaurants, Inc., Serial No. 77472394 (September 30, 2010) [not precedential].As to the services, Applicant's carry-out restaurants were encompassed by Registrant's recitation of "restaurants." As to Applicant's delivery services, nearly two dozen third-party use-based registration were submitted by Examining Attorney Brian P. Callaghan to show that delivery services and restaurant services are of a kind that "could be marketed by a single source under a single mark...continue to full post

Full post as published by The TTABlog on October 06, 2010 (boomark / email).