A Canadian company, Casa Bonita Foods Inc., filed a trademark application for the CASA BONITA mark for "Tortillas" and snack foods on April 20, 2021. But there existed two prior CASA BONITA trademark registrations for "restaurant services." The registrations recently were assigned to The Beautiful House, Inc., a company connected to Trey Parker and Matt Stone of South Park fame, on November 29, 2023—for which the Casa Bonita restaurant in Lakewood, Colorado, after an extensive renovation and shake-out period, is now reopening to the general public in October 2024. 

But back to pending trademark application for tortillas. The USPTO refused registration of this application under Section 2(d), asserting that it was likely to cause confusion, mistake or deception with the existing CASA BONITA registration for restaurant services.  

The Trademark Trial and Appeal Board ("TTAB") affirmed the refusal, noting that CASA BONITA is a “very unique, strong mark” for restaurant services, and that the restaurant was featured in the popular animated show “South Park.” In re Casa Bonita Foods Inc., Ser. No. 97497611 (TTAB Sept. 19, 2024). Finding that the food products identified in the application related to the restaurant services identified in the cited registrations, the TTAB concluded that confusion was likely between the marks.