Non-precedential opinion of TTAB for proceeding No 98051196 and 98051234

A copy of the opinion (downloadable at https://ttab-reading-room.uspto.gov) should be appended to the motion or brief. TBMP §101.03(a)(2).

(1) Holding The Board reversed the refusal to register

• SIDECAR SLIDER BAR (standard character mark, with “SLIDER BAR” disclaimed)
• (with “SLIDER BAR” disclaimed)

for “Bar services; Catering services; Restaurant services; Restaurant services, including sit-down service of food and take-out restaurant services”.

(2) Procedural History The Examining Attorney refused registration for both marks, citing a likelihood of confusion with:

• SIDECAR (standard character mark) for “Restaurant services; Coffee shop services” and
• SIDECAR SOCIAL (standard character mark) and a composite mark featuring the same words, for “Bar services ancillary to entertainment services”.

(3) Issues [Likelihood of Confusion]

(4) Rationales The TTAB reversed the refusal despite finding the applied-for services are identical or encompassed by the registered-for and thereby presumed to be provided through the same trade channels because (1) [Conceptual Weakness] “Sidecar” is a dictionary term that is highly suggestive of a cocktail served in bars and restaurants; (2)[Commercial Weakness] the Applicant provided extensive evidence of over 33 third-party uses of “SIDECAR” (e.g., SIDECAR BAR, THE SIDECAR BAR & GRILLE, SIDECAR LOUNGE) in connection with restaurant, bar, and related services; and (3) [Dissimilarity of the Marks] the Board found that Applicant’s marks are sufficiently dissimilar from the cited marks due to the addition of “SLIDER BAR”.

Conclusion: The Board concluded that while the services are identical or closely related, the dissimilarity of the marks—driven by the conceptual and commercial weakness of “SIDECAR” and the distinguishing additional elements in Applicant’s marks—is sufficient to prevent a likelihood of confusion. Therefore, the refusals were reversed.