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"CHINATOWN BRASSERIE" Not Primarily Geographically Deceptively Misdescriptive for Restaurant Not in NYC's Chinatown, Says TTAB

Reversing a Section 2(e)(3) refusal to register, the Board found the mark CHINATOWN BRASSERIE & Design [BRASSERIE disclaimed] not primarily geographically deceptively misdescriptive for restaurant services, even though Applicant's restaurant is located one-half mile outside of New York City's Chinatown. The Board ruled that, in a trademark sense, the primary significance of the mark "is not that of a generally known location." In re Lafayette Street Partners, LLC, Serial No. 78678314 (July 9, 2008) [not precedential].The PTO argued that CHINATOWN is a defined neighborhood in New York City, that Applicant is not located in Chinatown, that Chinatown is known for its restaurants and cuisine, and that the location of a restaurant would be material to a consumer's choice of the restaurant...continue to full post

Full post as published by The TTABlog on July 22, 2008 (boomark / email).