IP Law Daily, TRADEMARK—TTAB: 'Eggbar' restaurant trademark application is ‘merely descriptive,‘ TTAB finds, (Jul 16, 2026)

By Steven Melendez

The Board affirmed an examining attorney’s rejection of the application for simply describing the services of a breakfast sandwich restaurant.

The Trademark Trial and Appeal Board (TTAB) affirmed an examining attorney’s rejection of Eggbar Holdings, LLC’s application to register the “EGGBAR” mark for “restaurant services featuring breakfast sandwiches, hash browns, coffee, matcha, and fruit drinks,” finding it merely descriptive of the services (In re Eggbar Holdings, LLC, No. 98619785 (T.T.A.B. Jul. 14, 2026)).

Mere descriptiveness. The Trademark Act prohibits registering a mark that is merely descriptive of the goods or services unless it has acquired distinctiveness. Evidence of mere descriptiveness can be obtained from published material like dictionaries, newspapers, and websites, as well as labels and packages related to the goods and services themselves, according to the decision.

In this case, the examining attorney pointed to dictionary evidence defining egg and bar, the latter of which can include “[a] counter at which drinks, especially alcoholic drinks, and sometimes food are served”, “[a]n establishment or room having such a counter,” or, in a, “shop sense … a coffee bar.” The latter confirms that a “bar” is not necessarily limited to alcoholic beverage service in consumers’ minds, according to the ruling. The examining attorney also pointed to Eggbar’s menu, which includes seven sandwiches all featuring egg, along with several examples of restaurants that serve eggs, feature bars, or both.

“Accordingly, the terms EGG and BAR are each descriptive of Applicant’s ‘restaurant services featuring breakfast sandwiches, hash browns, coffee, matcha, and fruit drinks,’ because food, such as Applicant’s egg-based breakfast sandwiches, can be served at or by a counter,” according to the ruling.

Additionally, the examining attorney pointed out, the Eggbar website cited by Eggbar itself includes a prominent image of an egg.

“Incongruous combination.” Still, Eggbar argued that the mark doesn’t immediately describe its services without a “reasoning process” on the part of consumers, especially since the company claims consumers will first associate “BAR” with “alcohol service” rather than any food item. But the TTAB panel noted Eggbar offered no evidence of this assertion, which is contradicted by the examining attorney’s evidence that a bar can serve food, the example of a “coffee bar,” and numerous restaurants that offer bars and bar service.

The question of whether a mark is descriptive or suggestive isn’t considered merely in the abstract, according to the ruling, but rather in the context of the goods or services for which registration is being sought, how it’s actually being used, and its possible significance to an average purchaser.

“The record shows that in connection with Applicant’s services, purchasers would recognize EGGBAR as immediately conveying knowledge of a quality of Applicant’s ‘restaurant services featuring breakfast sandwiches’ and other foods, namely, that the menu will include breakfast sandwiches containing eggs served in a ‘bar’ setting or at a counter,” according to the ruling.

The Case is Serial No. 98619785.

Judge: Brock, E.

Attorneys: Sam M. Fakih (Fakih & Associates PLLC,) for Eggbar Holdings, LLC. Harrison Neidish for the USPTO.

Companies: Eggbar Holdings, LLC

Cases: Trademark USPTO