TTAB Affirms Refusals to Register Restaurant Interior Designs: Distinctiveness Neither Inherent Nor Acquired

The Board affirmed refusals to register the two restaurant interior designs shown below, for "restaurant services," finding that the proposed marks lacked inherent distinctiveness and were not shown to have acquired distinctiveness. In re ETLC Trademarks, LLC, Serial Nos. 98166506 and 98120339 (May 5, 2026) [precedential] (Opinion by Judge Jessica B. Bradley).

Applicant's trade dress comprised the interior design of a restaurant consisting of the combination of the following elements:  

• One or more Chicago style brick walls; 
• A bar counter with either a Chicago brick facade or an abstract wood accent facade;  
• A finishing counter connected to the bar; 
• A prep table; and 
• A rotisserie grill that includes a wheel on the upper left side that adjusts the grills with chains to create movement of the metal structure that sits on top of the grill.

The Board applied the CAFC's Seabrook factors and found that the proposed marks satisfy both the second and third Seabrook factors, and accordingly are not inherently distinctive. Chippendales, 622 F.3d at 1351 (Where “a mark satisfies any of the first three [Seabrook] tests, it is not inherently distinctive.”).

The Proposed Marks would be perceived by patrons of Applicant’s restaurant services simply as part of the overall decor or ambiance of Applicant’s restaurants. Given the common use of the claimed elements and the common arrangement of the elements in other restaurants, customers are not likely to view this decor or ambience as identifying and distinguishing the source of Applicant’s restaurant services.

Turning to the issue of acquired distinctiveness, the Board considered the Converse factors and found that Applicant's evidence fell far short.

And so, the Board affirmed the refusals.

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TTABlogger comment: Ran into a brick wall?

Text Copyright John L. Welch 2026.