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The USPTO refused to register the proposed mark CALI
for “Restaurant providers that includes banh mi
baguettes, banh mi sandwiches, pastries, noodles bowls, rice bowls,
salad bowls, soups, boba tea drinks and blended drinks” [BANH
MI disclaimed], discovering confusion possible with the registered
mark BÁNH MÌ & CHÈ
for “Restaurant providers; Take-out restaurant
providers” [BANH MI AND CHI] disclaimed. The providers overlap,
however what in regards to the marks? How do you suppose this got here out? In re Cali Banh Mi Inc.,
Serial No. 90000386 (July 29, 2022) [not precedential] (Opinion by
Cynthia C. Lynch).


The broad recitation “restaurant providers” within the
cited registration encompasses the extra slim providers recited in
the topic software. The Board should presume that these legally
equivalent providers journey in the identical commerce channels to the identical
lessons of customers.

Furthermore, as a result of the concerned providers are in-part legally
equivalent, a lesser diploma of similarity between the marks is
wanted to assist a discovering of possible confusion.

Evaluating the marks of their entireties, the Board discovered them to
be “related in look, sound and business impression.
The equivalent phrases CALI and BANH MI seem in each marks, and the
cited mark’s solely extra wording, “&
CHÈ,” merely refers to menu gadgets featured by the
restaurant(s).” Regardless of the differing order of the phrases, the
look of the equivalent phrases in every mark makes the marks look
and sound related total.

[B]oth marks convey the which means and impression of
California-based Vietnamese meals, or as Applicant argues,
California-style Vietnamese meals. CALI dominates each marks as a result of
all the opposite wording in every mark merely refers to menu gadgets, and
has been disclaimed”

Applicant contended that its mark “suggests a recent and
novel sort of Vietnamese delicacies that’s popping up throughout the
nation,” and that CALI (supposedly referencing
“California meals tradition”) signifies a “CALI-style
interpretation[] of Asian fashion meals.” Applicant submitted 13
declarations asserting that CALI “carries a supposedly
totally different which means, as a descriptor solely of chè.” Some
of the declarations parroted the identical language from a Wikipedia
entry. The Board was not impressed.

First, the truth that all the declarants come from the identical
metropolis and Applicant’s CEO identifies them as having a
“related ethnic and cultural background[]” means that
they aren’t consultant of the limitless commerce channels and
lessons of customers of the recited restaurant providers. Applicant
has not demonstrated that the final consuming public, who don’t
essentially share the declarants’ “good data of the
Vietnamese language” and Vietnamese meals, possible would place
the identical alleged linguistic significance on the location of CALI
initially or finish of the respective marks.

Second, the declarations had been preprinted kinds with the
declarant filling in his or her private data. And third,
there was no proof of a acknowledged beverage or dish named
“chè Cali,” and the declarations’ references
to “some kind of California fashion candy beverage, dessert soup
or pudding” had been just too imprecise to be probative.

The Board concluded that these declarations have a tendency to point out that
“each marks confer with Vietnamese meals and drinks which might be
“Cali-style,” and we discover this helps the similarity of
the which means and business impressions of the marks.”

And so, the Board affirmed the refusal to register.

Learn feedback and publish your remark
right here

TTABlogger remark: How did you do? Is that this a
WHYA? By the way in which, the applicant had amended its software to the
Supplemental Register to beat a geographical descriptiveness

The content material of this text is meant to supply a common
information to the subject material. Specialist recommendation ought to be sought
about your particular circumstances.

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