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NORMANDIE CAMEMBERT not Registrable for Cheese by Cheezhwse.com

By William F. Heinze

Thanks to the TTABlog for pointing out In re Cheezwhse.com, Inc., Serial No. 78694122 (February 1, 2008) where the U.S. Tardemark Trial and Appeal Board affirmed three refusals to register the mark NORMANDIE CAMEMBERT for cheese:

The Trademark Examining Attorney has issued final refusals to register on the
grounds (1) that applicant has failed to comply with the Trademark Examining
Attorney?s request for information under Trademark Rule 2.61(b), 37 C.F.R.
§2.61(b); (2) that the applied-for mark is primarily geographically descriptive
of the goods and thus unregistrable under Trademark Act Section 2(e)(2), 15
U.S.C. §1052(e)(2); and (3) in the alternative to the Section 2(e)(2) refusal,
that the mark is primarily geographically deceptively misdescriptive of the
goods and thus unregistrable under Trademark Act Section 2(e)(3).

. . . In summary, we affirm all three of the Trademark Examining Attorney?s refusals. First, we affirm the refusal to register which is based on applicant?s failure to comply with the Trademark Examining Attorney?s proper Rule 2.61(b) requirement for information as to the geographic origin of applicant?s goods. Second, based on our presumption that applicant?s goods originate or will originate in or from the place named in the mark, we find that applicant?s mark is primarily geographically descriptive of applicant?s goods, and we therefore affirm the Section 2(e)(2) refusal. Third, based on our alternative presumption that applicant?s goods do not or will not originate in or from the place named in the mark, we find that applicant?s mark is primarily geographically deceptively misdescriptive of applicant?s goods, and we therefore affirm the alternative Section 2(e)(3) refusal.

Decision: The refusals to register are affirmed.

Full post as published by I/P Updates on February 11, 2008 (boomark / email).