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Precedential No. 3: Finding KUBA KUBA Primarily Geographically Deceptively Misdescriptive for Cigars, TTAB Affirms 2(e)(3) Refusal

The Board affirmed a Section 2(e)(3) refusal of KUBA KUBA for cigars, tobacco, and related products, finding the mark to be primarily geographically deceptively misdescriptive of the goods. In doing so, the Board attempted to clarify the law of Section 2(e)(3) in view of recent court decisions. In re Jonathan Drew, Inc. d/b/a Drew Estate (January 28, 2011) [precedential].Applicant Drew did not dispute that the primary meaning of "Cuba" is geographic, or that Cuba is famous for its tobacco products and cigars. Moreover, Drew conceded that its products will not originate in Cuba, nor will its products be made from Cuban seed tobacco.Drew argued, however, that the term KUBA, and the mark KUBA KUBA, "would convey meanings and associations that are different from the country of Cuba...continue to full post

Full post as published by The TTABlog on February 08, 2011 (boomark / email).