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May 5, 2025

Hello Reader,

In a recent decision, the Federal Circuit reminded everyone that even if your product seems far removed from a restaurant, a similar name could still cause trademark problems.

The case? A brewery tried to register the mark CHICKEN SCRATCH for beer. But they were blocked by a restaurant that already had a trademark registration for the same name—CHICKEN SCRATCH—for restaurant services.

The Trademark Office refused registration, and the Federal Circuit backed them up.

Here’s What Happened:

🔸 Same mark. Different goods. One was for beer, the other for restaurant services. That doesn’t sound confusing, right?

🔸 But courts want “something more” when marks are identical. The Board found that beer and restaurant services are related enough—if there’s enough overlap in the marketplace.

In this case, the evidence showed:

• 21 trademark registrations for both beer and restaurant services
• 18 real-world restaurants that served their own beer under the same brand
• 9 articles and a book about brewpubs as a recognized category of business

That was enough to prove a connection in the minds of consumers.

The Applicant Tried to Fight Back

The brewery argued that CHICKEN SCRATCH, in their case, meant chicken feed—a clever play on the beer’s grain ingredients. The restaurant, on the other hand, supposedly used it to mean “chicken made from scratch.”

But the court didn’t buy it. They said there was no real evidence showing that beer buyers actually saw “CHICKEN SCRATCH” as a reference to feed.

So, the Board concluded—and the court affirmed—that there was a likelihood of confusion.

Takeaway Tips:

✅ Don’t ignore other industries – Even if you’re not a restaurant, your brand might bump into one.

✅ “Something more” matters – When identical marks are used on goods and services that don’t normally go together, the USPTO will look for real-world overlap—registrations, websites, articles, etc.

✅ Put yourself in the consumer’s shoes – Would they think the beer and restaurant came from the same company?

✅ Be careful with clever – Just because you know what your mark means doesn’t mean the customer will—and the court won’t guess for you.

If you’re launching a beverage, a food product, or a brand that overlaps with the hospitality world—even slightly—it’s critical to clear the name carefully. The restaurant world is packed with trademarks, and the line between beer and branding can be thinner than you think.

Keep Your Brand Safe and Protected,​
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J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. If you're planning to serve your own beer, launch a pop-up, or collaborate with a local chef, let's make sure your trademark won’t get tapped out before you pour the first pint.

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