In re Jacques Bernier, Inc.

Summary

The Federal Circuit reversed the TTAB's refusal to register RODEO DRIVE for perfume under Lanham Act §2(e)(2), holding the mark was not primarily geographically deceptively misdescriptive. The court ruled that to establish a prima facie case for refusal, the PTO must show the public associates the goods with the geographic place named in the mark—not merely that the place is well-known. Because no evidence indicated consumers would believe the perfume was manufactured, produced, or sold on Rodeo Drive, the mark was deemed arbitrary or suggestive of high quality rather than geographic origin.

Holdings

1. The mark RODEO DRIVE is not primarily geographically deceptively misdescriptive because the Patent and Trademark Office failed to establish that the public would associate Rodeo Drive with the source of the perfume.

Questions Presented

1. Whether the mark RODEO DRIVE is primarily geographically deceptively misdescriptive when applied to perfume under Section 2(e)(2) of the Lanham Act, 15 U.S.C. § 1052(e)(2).

Disposition

reversed