Chipotle Mexican Grill Inc. has abandoned its attempt to trademark the phrase “better burger,” but that doesn’t mean the chain is giving up on its exploration of a possible burger concept.
The Denver-based chain’s applications earlier this year to trademark both “better burger” and “betterburger” revealed a possible move into the burger space. At the time, Chris Arnold, Chipotle’s communications director, told Bloomberg that it was a growth seed idea the company was exploring.
The move was also controversial given the phrase “better burger” is commonly used to describe a segment of the industry.
[CHARTBEAT:3]On Thursday, Arnold told Nation’s Restaurant News the abandoning on May 24 of the trademark applications was “nothing more than administrative shuffling.”
“The Better Burger trademark application was challenged, and we weren’t entirely wedded to that, so we’ve simply opted to let that trademark application go,” he said. “It’s not the first time we have filed a trademark application for a mark we opted not to use.”
At this point, Chipotle is not ready to share more information about any potential burger plans, he said. “When we have more information to share about burger plans, we will certainly make that available.”
Meanwhile, others have since jumped into the ring by applying to trademark “better burger” and similar terms, despite the fact that Luby’s Fuddruckers Restaurants LLC has registered the term “Better buns. Better Burger,” and variations on that phrase.
In fact, trademark attorney Sheila Fox Morrison, a partner in law firm Davis Wright Tremaine LLP in Portland, Ore., said a letter of protest was filed May 5 directed at Chipotle’s applications.
The letter writer, who was not identified, pointed out to trademark officials the many similar phrases registered by Luby’s Fuddruckers and others, which could create confusion if Chipotle was allowed to register the term.
The source of the letter appears to be Luby’s Fuddruckers, given so many of the company’s trademark registrations were listed, said Morrison.
But abandoning the trademark application doesn’t mean Chipotle doesn’t plan to use the phrase, she noted.
They could go ahead with branding that includes “better burger,” and, if challenged, could make the argument that the term is merely descriptive and that it has no identity to a single source.
Meanwhile, Manchester Farms Inc., of Columbia, S.C., a quail farm, on April 1 also applied to trademark the term “Better Burger,” but for a chicken patty product.
And Smashburger on May 4 filed a trademark application for the term “burger better.”
That phrase could be seen as different, Morrison said. “It says, ‘we’re doing burgers better.’”
Contact Lisa Jennings at [email protected]
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