newbie trademark help please

[Ashash]

Hello, I am brand new to this, and unfamiliar how the finer details of trademarks work.

I am not sure if the following trademark means a blanket cover for any and all food-type industries, e.g., restaurant, café, caterer, etc., or if it pertains only to the specific food items?

I understand that you could not use the trademark name to sell your prepared packaged ground beef in the supermarket as "TRADEMARKNAME groundbeef". But are you allowed to use the word to name a food business e.g., "TRADEMARKNAME cafe" that (for example) served a ground beef dish? Or does it mean that you cannot use the name to promote any sort of food related company, unless it happened to be a food item outside of the trademark named items?

This is what the trademark says:

Note:The following symbols indicate that the registrant/owner has amended the goods/services:

• Brackets [..] indicate deleted goods/services;
• Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
• Asterisks *..* identify additional (new) wording in the goods/services.

For:
beef, ground beef, prepared beef; broth, beef bouillon, prepared stock, bouillon, meatball, bouillon concentrates, soup concentrates, consommés, soups, meat extracts, extracts of poultry, liver, prepared stock for kitchen use, fish jelly, meat jellies, game, edible fats, animal fats for food, ham, knuckle of ham, lard, bacon bits, grilled meat dish (galbi), frozen meat dinners, prepared meals consisting principally of game, prepared dishes consisting principally of meat, fish, frozen fish, smoked fish, salted fish, seafood, pork, canned pork, ground pork, chicken, meat purée, pre-cooked stew, roast beef, Caesar salad, coleslaw, chicken salad, antipasto salads, prepared salads, salted meats, sardines, sausages, cocktail sausages, fish sausages, sausage meat, smoked sausage, hot dog sausages, sausages in batter, corn dogs, salmon, smoked salmon, smoked meats, meat by-products, beef tallow, beef tallow for food, fish spreads, meat spreads, chicken spreads, tuna fish, beef slices, meat, frozen meat, canned meat, game meat, pork meat, meat and meat extracts, prepared meat, dried meat, packaged meat, poultry, poultry and game, sliced and seasoned barbequed beef (bulgogi); spicy beef broth (yukgaejang)
International Class(es):
029 - Primary Class
U.S Class(es):
046
Class Status:
ACTIVE
Basis:
44(e)

For:
seasonings, cocoa-based beverages, coffee-based beverages, non-alcoholic tea-based beverages, beverages made of coffee, beverages made of tea, non-alcoholic chocolate-based beverages, prepared cocoa beverages and cocoa-based beverages, cocoa powder; coffee, prepared coffee and coffee-based beverages, coffee and tea, hot chocolate; spices, baking spices, edible spices, spices in the form of powders; marinades, mayonnaise; mustard; pepper; prepared horseradish; relishes; barbecue sauce; chili sauce; ketchup sauce; hot sauce; pepper sauce; sloppy joe sauce; sriracha hot chili sauce; tartar sauce; Worcestershire sauce; sauce for barbecued meat; salt; tea
International Class(es):
030 - Primary Class
U.S Class(es):
046
Class Status:
ACTIVE
Basis:
44(e)

For:
alcohol-free beers; beer; bottled water
International Class(es):
032 - Primary Class
U.S Class(es):
045, 046, 048
Class Status:
ACTIVE
Basis:
44(e)

Basis Information (Case Level)

Filed Use:
No
Currently Use:
No
Filed ITU:
Yes
Currently ITU:
No
Filed 44D:
Yes
Currently 44D:
No
Filed 44E:
No
Currently 44E:
Yes
Filed 66A:
No
Currently 66A:
No
Filed No Basis:
No
Currently No Basis:
No


Many thanks in advance.

 

[biggie]

But are you allowed to use the word to name a food business e.g., "TRADEMARKNAME cafe" that (for example) served a ground beef dish?

Hi

short answer is NO.

eg
Omaha steaks is a TM brand and you could not open a cafe or restaurant named omahasteakscafe, without prior agreement or license, etc.


imo...

 

[jberryhill]

Hello, I am brand new to this, and unfamiliar how the finer details of trademarks work.

Well, one way that US registered marks work is that all the data fields are searchable, narrowing your question down to only two registrations listing those goods, and both owned by the same company:

https://tsdr.uspto.gov/#caseNumber=...TION&caseType=DEFAULT&searchType=statusSearch


US Serial Number:
88324858
Application Filing Date:
Mar. 04, 2019
US Registration Number:
6734065
Registration Date:
May 24, 2022

https://tsdr.uspto.gov/#caseNumber=...TION&caseType=DEFAULT&searchType=statusSearch

FURCA


US Serial Number: 88324768
Application Filing Date: Mar. 04, 2019
US Registration Number: 6882188
Registration Date: Oct. 25, 2022
Register: Principal


It's worth noting that both of these applications are based on earlier-filed applications in Canada:

Foreign Application Number: 1939597 Foreign Application Filing Date: Jan. 08, 2019
Foreign Registration Number: TMA1101553 Foreign Registration Date: Jun. 07, 2021
Foreign Application/Registration Country: CANADA Foreign Expiration Date: Jun. 07, 2031

Foreign Application Number: 1944051. Foreign Application Filing Date: Feb. 01, 2019
Foreign Registration Number: TMA1,101,555. Foreign Registration Date: Jun. 07, 2021
Foreign Application/Registration Country: CANADA. Foreign Expiration Date: Jun. 07, 2031


Now, here's the really weird thing. Furca.com appears to have been registered to the same person in North Carolina for a very, very long time; while Unforkettable.com is not a registered name.

But, because the TM claimant is located in Canada, they use the furca.ca domain name:

https://www.furca.ca/the-brand/

But, backing up a bit, in what country are you thinking of opening a restaurant?