Hyundai Motor Company

Trademark Trial and Appeal Board

May 14, 2021

79254538RE (T.T.A.B. May. 14, 2021)

This Opinion is not a
Precedent of the TTAB

Mailed: May 14, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Hyundai Motor Company
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Serial No. 79254538
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Alexander S. Lazouski of Lazouski IP LLC,
for Hyundai Motor Company.
Christina M. Riepel, Trademark Examining Attorney, Law Office 124,
Lydia Belzer, Managing Attorney.
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On Request for Reconsideration

Before Wolfson, Goodman and Coggins,
Administrative Trademark Judges.

Opinion by Goodman, Administrative Trademark Judge:
Hyundai Motor Company (“Applicant”) seeks registration on the Principal
Register of the mark GENESIS HOUSE (in standard characters, “house” disclaimed)
for
Canteen services; snack-bar services; restaurant services;
cafe services; buffet restaurants; self-service restaurant
services; food and drink catering; teahouse services; bakery
services for the provision of food; coffee shop services;
restaurant and hotel services; street stall services in the
nature of mobile restaurant services; kids play cafe
Serial No. 79254538
- 2 -
services, namely, provision of food and drink for child care
centers; providing food and drink catering services for
sports events, concerts, conventions and exhibitions;
restaurant services provided by franchised restaurants;
serving of tea, coffee, cocoa, carbonated drinks or fruit juice
beverages; providing general purpose facilities, namely,
rental of rooms for holding social functions, conferences,
conventions, exhibitions, seminars and meetings; hotel
services; hotel services; provision of conference, exhibition
and meeting facilities; providing travel lodging information
services and travel lodging booking agency services for
travelers in International Class 43.1
The Trademark Examining Attorney refused registration of Applicant’s mark
under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the ground of
likelihood of confusion with the following registered marks owned by the same entity:
GENESIS STEAKHOUSE & WINE BAR (Registration No. 5309010) and
(Registration No. 5337814).
On April 14, 2021, the Board issued a decision affirming the Examining Attorney’s
Section 2(d) refusal; and on May 12, 2021, Applicant filed a request for
reconsideration.

1 Application Serial No. 79254538.

Serial No. 79254538
- 3 -
In its request for reconsideration, Applicant informed the Board that the cited
registrations were assigned to Applicant on March 10, 2021, during the pendency of
the appeal. Applicant attached a copy of the assignment to its request.2 Apparently
the assignment was originally filed with the Office’s Assignment Recordation Branch
on April 6, 2021, but was corrected and resubmitted on April 19, 2021.3 The
assignment is recorded at Reel 7256 Frame 0974.
If, during the pendency of an ex parte appeal involving a refusal to register under
Trademark Act § 2(d), 15 U.S.C. § 1052(d), the cited registrations are assigned to the
applicant, the appeal will be moot insofar as that issue is concerned. If the refusal to
register on the basis of the assigned registration is the only issue involved in the
appeal, the Board will dismiss the appeal as moot, and the application will be sent to
the examining attorney for approval for publication. TRADEMARK TRIAL AND APPEAL
BOARD MANUAL OF PROCEDURE (TBMP) § 1212 (2020).
In view of the assignment of the cited registrations to Applicant, and because the
refusal to register on the basis of the assigned registration is the only issue involved
in this appeal, the request for reconsideration is granted, the appeal is dismissed as
moot, and the April 14, 2021 decision is vacated. Jurisdiction of the application is
restored to the Examining Attorney for appropriate action.

2 Applicant states on reconsideration that the assignment during bankruptcy was handled
by a different United States counsel than counsel representing Applicant in the ex parte
appeal. 11 TTABVUE 5.
3 11 TTABVUE 8, 10. See TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) § 503.05
(2018).