This Opinion Is Not a Precedent of the TTAB Brothers Franchising
This Opinion is Not a Precedent of the TTAB Oral Hearing: July 17, 2019 Mailed: September 8, 2020 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ Brothers Franchising & Development, LLC v. Three Brothers Brewing, LLC _____ Opposition No. 91232361 _____ Laura L. Myers, Cynthia A. Moyer and John C. Pickerill of Fredrikson & Byron, P.A., for Brothers Franchising & Development, LLC. Elizabeth S. Skilling and Robert F. Friedman of Harman Claytor Corrigan & Wellman, for Three Brothers Brewing, LLC. _____ Before Cataldo, Taylor and Dunn, Administrative Trademark Judges. Opinion by Taylor, Administrative Trademark Judge: Three Brothers Brewing, LLC (“Applicant”) has filed an application seeking registration on the Principal Register of the standard character mark BROTHERS Opposition No. 91232361 CRAFT BREWING (CRAFT BREWING disclaimed), for “Beer, ale, lager, stout, porter, shandy” in Class 32.1 Brothers Franchising & Development, LLC (“Opposer”) has opposed registration of Applicant’s mark on the ground of likelihood of confusion under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), based on its claim of priority and likelihood of confusion with the following registered marks:2 Registration No. Mark Goods/Services 47389633 BROTHERS (standard characters) Bar and restaurant services (Class 43) 40291374 BROTHERS BAR & GRILL Bar and restaurant services (standard characters) (Class 43) [“BAR & GRILL” disclaimed] 26440845 Bar and restaurant services (Class 42) [“EST. 1967” disclaimed] 1 Application Serial No. 86517894 was filed on January 29, 2015, and is based upon Applicant’s bona fide intention to use the mark in commerce under Section 1(b) of the Trademark Act, 15 U.S.C.
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