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ARTICLE · 02 FEBRUARY 2021

Please Dough Not Use My Trademark

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Bar Dough, a restaurant in Denver, CO, is known for its Italian food, celebrity chef Carrie Baird, and fancy toast.

United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz, PC
Frankfurt Kurnit Klein & Selz, PC
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Bar Dough, a restaurant in Denver, CO, is known for its Italian food, celebrity chef Carrie Baird, and  fancy toast.  The restaurant opened in 2015 and has since satisfied the pizza and pasta cravings of multiple hungry diners and food reviewers.  Almost 2,000 miles away in New York City, another restaurant named BarDough opened its doors around the end of 2019, offering pizzas and cocktails.  Before the opening, the restaurant's owner, 350 W 46 Café (“350”), filed a federal trademark application on February 21, 2019 based on intent to use BARDOUGH for bar and restaurant services, which issued to registration on March 17, 2020.

On November 5, 2019, Culinary Creative, the owner of the Denver restaurant, filed a federal trademark application based on use of BAR DOUGH for restaurant services.  Upon examination, the U.S. Patent and Trademark Office cited 350's then-application for BARDOUGH as a potential basis for registration refusal.  To overcome this citation,

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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