LAIPLALAIPLA
LAIPLALAIPLA
  • About
    • About LAIPLA
    • Ambassador Outreach Program
    • Board of Directors
    • Committees
    • Administration
    • Member Firms and Companies
    • Past Presidents
    • Recent Past Presidents
    • Public Service Award
    • Diversity Fellowship
    • Bylaws
  • Events
  • Membership
  • Sponsorship
  • IP Blogs
  • Contact
  • About
    • About LAIPLA
    • Ambassador Outreach Program
    • Board of Directors
    • Committees
    • Administration
    • Member Firms and Companies
    • Past Presidents
    • Recent Past Presidents
    • Public Service Award
    • Diversity Fellowship
    • Bylaws
  • Events
  • Membership
  • Sponsorship
  • IP Blogs
  • Contact

Single Location Restaurant Not Operating in Interstate Commerce, Says TTAB

January 8, 2016| in The TTABlog| by John L. Welch

The Board sustained this Section 2(d) opposition to registration of the mark FLATIZZA for “pizza,” finding that Applicant Janco, LLC had not used the applied-for mark in commerce prior to to the filing of its use-based application to register. Applicant operated a single restaurant in Bothell, Washington, but the Board found insufficient evidence to show that the restaurant operated in interstate commerce. Doctor’s Associates Inc. v. Janco, LLC, Opposition No. 91217243 (January 7, 2016) [not precedential].

FLATIZZA

The Board observed that there is no particular threshold level of interstate activity required for proof of use by a single-location restaurant, but some use “in commerce” must be shown.

In this case, Applicant has not shown that its services were rendered to any out-of-state customers. Its restaurant was not shown to have been listed in any travel or restaurant guide. No advertising has been submitted. The record does not support a finding that any viewers (from out-of-state or otherwise) accessed Applicant’s website, and the business plan and menu mock-ups were for internal use only. Nor has Applicant shown that its services affected interstate commerce.

Although Bothell, Washington is near Seattle, it is not on an interstate highway: “[W]hile I-5
traverses Seattle, it is speculation to assume that out-of-state travelers would travel 3 miles off the Interstate highway to patronize Applicant’s restaurant, especially given that the route from I-5 to Bothell would require either driving the distance in a reverse direction or taking side roads.”

The Board therefore found the application to be void ab initio because the mark was not in use in commerce prior to applicant Section 1(a) filing date.

IP Blog Categories

  • Announcements
  • Events
  • LAIPLA News
  • The TTABlog
  • Uncategorized
  • Wegner's Top 10
  • Wegner's Writings

Archives

Previous

WYHA? “PALMS FREE” Merely Descriptive of Phone Holders, Says TTAB

Next

TTABlog Test: Are “THE WORLDS PAGEANTS” and “MISS WORLD” Confusable for Beauty Pageants?


Since 1934, LAIPLA has been educating and connecting members of the local intellectual property legal community

Pages

About 
Events
Membership
Sponsorship
Contact
Privacy Policy

Search
Contact

LAIPLA
1621 W 25th Street
Box 633
San Pedro, CA 90732
Phone: (323) 285-1654
Fax: ( 310) 878-0517
Email: office@laipla.net

© 2023 Los Angeles Intellectual Property Law Association. All Rights Reserved | Website design by SafeHouse Web.