“Eat Mor Chikin” v. “Eat More Kale”
The company filed a letter of protest with the PTO on Tuesday of last week, and the office issue the decision the next day. The examining attorney stated that there is a likelihood that consumers would confuse the sources of the two phrases.Muller-Moore’s attorney has six months to respond to the preliminary decision or else it becomes permanent, which would lead to a rejection of Muller-Moore’s application for a trademark on his Eat More Kale slogan. His attorney remains confident that the application will succeed.
*For a more in depth discussion of this issue, and trademark bullying generally, stay tuned for forthcoming article by Irina Manta in Book IV!