On April 14, 2025, the U.S. Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board's (TTAB) decision rejecting R.S. Lipman Brewing Company, LLC's application for the CHICKEN SCRATCH trademark for beer. The court found substantial evidence indicating a likelihood of confusion with an already-registered mark for restaurant services. Despite Lipman's argument that the mark was conceptually weak and suggestive, the court maintained that the marks conveyed similar commercial impressions, leading to the refusal of Lipman's application.
The court's ruling emphasized that despite R.S. Lipman's arguments regarding the conceptual weakness of the CHICKEN SCRATCH mark, substantial evidence indicated a likelihood of confusion with an existing mark in restaurant services.
The Federal Circuit ruled that the impression conveyed by both CHICKEN SCRATCH marks was substantially similar, supporting the Board's decision to refuse Lipman's trademark application.
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