A client wishes to use CLARA'S CHICKEN COOP for restaurant services. A search discloses registrations for CHRIS'S CHICKEN HUTCH and CLARK'S CHICKEN HOUSE, both for restaurant services. Discuss whether you think these two registrations might "block" an application for CLARA'S CHICKEN COOP.?
What will be an ideal response?
The two registrations likely would not block an application for CLARA'S CHICKEN COOP. The meanings of "Chicken Hutch" and "Chicken House" are nearly synonymous with "Chicken Coop" and the two registrations are weak when used in connection with restaurant services as they are either suggestive of such services or possibly descriptive of such services. When numerous similar marks coexist, consumers become adept at distinguishing among the marks. In this case, consumers could likely distinguish among the names "Clara," "Chris," and "Clark." If the two registrations can coexist with each other, there should be room for CLARA'S CHICKEN COOP.?
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