Is "SUNSET SUSHI & Design" Confusable with "BANSHOO SUSHI BAR & Design" for Restaurant Services?

The USPTO refused to register the mark "SUNSET SUSHI & Design" due to its likelihood of confusion with the registered mark "BANSHOO SUSHI BAR & Design." The applicant argued against the doctrine of foreign equivalents, and the Board agreed, stating that consumers would not stop and translate the Japanese transliteration in the registered mark. The Board found that the marks were dissimilar in sound, appearance, connotation, and commercial impression, and reversed the refusal to register.

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