The Federal Circuit affirmed the Trademark Trial & Appeal Board’s “TTAB” refusal to register the stylized Mark ‘CHURRASCOS’ for restuarant services finding the term generic as used for a restaurant, because the word “refers to beef or grilled meat more generally” and that the term “identifies a key characteristic or feature of the restaurant services, namely, the type of restaurant.” That the standard character word mark was granted for CHURRASCOS in federal registration #3439321 by the USPTO in 2008 had no bearing on their determination. While a stylized version would seem to be more distinctive, clients should be wary of seeking additional layers of protection for marks that might be deemed generic or even descriptive in a subsequent examination. My takeaway: When it comes to trademark registration, there’s no such thing as a slam dunk.
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William Tennant 