Breakfast Burrito

Can "Breakfast Burrito" function as a trademark?

The well-known southwestern dish consists of breakfast items, such as eggs, bacon, and sausage, often topped with burrito ingredients such as salsa and beans and wrapped up in a flour tortilla.  Recently, two trademark applications were filed in the U.S: one for "Breakfast Burrito" and the other for "Breakfast Burritos," both covering "Breakfast burritos; Burritos." The marks are clearly descriptive, not to mention the fact that the southwestern dish has been marketed and sold in restaurants for decades, including at fast food giants such as McDonald's.

​Suffice to say, the applicant might face objections upon examination.

​For more information on what you can trademark and how, contact us.
​

Photo by Bret Kavanaugh on Unsplash