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Precedential No. 66: TTAB Finds "YOSEMITE BEER" Geographically Descriptive, Affirms 2(e)(2) Refusal

By John L. Welch

Merced, California is 80 miles from Yosemite National Park, but that was not far enough for Applicant Spirits of New Merced to avoid the Board's ruling that the mark YOSEMITE BEER is primarily geographically descriptive for alcoholic beer [BEER disclaimed]. The Board therefore affirmed the PTO's refusal to register under Section 2(e)(2). In re Spirits of New Merced, LLC, Serial No. 78710805 (December 12, 2007) [precedential].For a mark to be deemed primarily geographically descriptive, the PTO must show that (1) the mark's primary significance is a generally known geographic location, and (2) the public would likely believe that the goods originate from that location. When the goods do indeed come from the location named, then a goods/place association may be presumed...continue to full post

Full post as published by The TTABlog on December 18, 2007 (boomark / email).