TTAB Okays Concurrent Use Agreement Regarding FRASCA For Restaurant Services

Accepting an agreement reached by the parties, the TTAB found that applicant Frasca Food and Wine (FFW) is entitled to a concurrent use registration for the mark FRASCA for bar and restaurant services, covering the entire United States except for the states of Illinois, Indiana, and Michigan. It ordered that Registrant's prior registration be geographically restricted to those three states. Frasca Food and Wine, Inc. v. Dunlay's Rocsoe, LLC Concurrent Use No. 94002752 (July 14, 2017) [not precedential] (Opinion by Judge Lorelei Ritchie).

The Concurrent Use Agreement (dated March 10, 2016) stated that FFW has used the mark FRASCA in Boulder, Colorado, since July 2004. FFW applied to register the mark, limited geographically, in May 2016, naming Dunlay's as an excepted user.