TTABlog Test: Are Golf Simulator Services Related to Restaurant Services Under Section 2(d)?
The USPTO refused to register the mark EVEN HOUSE for "Entertainment services in the nature of organizing entertainment events; organizing sporting events, namely, golf simulator competitions; providing recreational facilities for use of electronic golf simulator"[HOUSE disclaimed], finding confusion likely with the registered mark EVEN for "“Bar services; Cafe services; Hotel accommodation services; Restaurant services; Snack-bar services; Provision of conference, exhibition and meeting facilities." The Board found the marks to be "highly similar" in view of the common element EVEN. But are the services related? How do you think this came out? In re Tempo CC, Inc., Serial No. 98264392 (May 20, 2025) [not precedential] (Opinion by Judge Robert Lavache).
Applicant Tempo feebly argued that the cited mark EVEN is weak, but it submitted no evidence of third-party marketplace uses of similar or identical marks. Its citation of a single third-party registration did not establish that the relevant consuming public has been exposed to widespread use of similar marks.
Examining Attorney Christopher Hoffman submitted evidence of ten third-parties that provide electronic golf simulators and organize social entertainment events or golf simulator and may also offer bar services, cafe services, restaurant services, or snack-bar services, all under the same mark.
We agree with the Examining Attorney that Applicant’s services are related to some of Registrant’s services because the record shows consumers are accustomed to encountering the respective services being offered either separately or together by the same source under the same mark.
The Board found that the services are "closely related to at least some of Registrant’s services. Accordingly, the second DuPont factor weighs in favor of a finding likelihood of confusion."
And so, the Board affirmed the refusal.
Read comments and post your comment here.
TTABlogger comment: I think the Board sliced this one into the rough and wound up with a triple bogey.
Text Copyright John L. Welch 2025.
posted by John L. Welch @ 5/23/2025
2 comments
2 Comments:
Another one of those cases that drive me crazy because none of the so-called evidence represented a restaurant. Many types of businesses serve food and/or drink. It can't be that they're all related to restaurants. How can there possibly be any names left for restaurants? Is the solution to use the ID "restaurants that have no other businesses connected to it"?
People eat and drink while they are golfing and there are golf cart bars, so of course they are related. Wow! I keep thinking there will be a day when something is not related to everything.
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