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IN RE LOEW'S THEATRES, INC.

Appeal No. 85-888.

769 F.2d 764 (1985)

In re LOEW'S THEATRES, INC.

United States Court of Appeals, Federal Circuit.

August 9, 1985.

Attorney(s) appearing for the Case

Robert W. Fiddler, Fiddler & Levine, New York City, argued for appellant.

Henry W. Tarring, II, Associate Sol., U.S. Patent & Trademark Office, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol., and Fred D. McKelvey, Deputy Sol., Washington, D.C.

Before BALDWIN, KASHIWA and NIES, Circuit Judges.

NIES, Circuit Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board sustaining a refusal to register the mark DURANGO for chewing tobacco. The board held that the subject mark was unregistrable under § 2(e)(2) of the Lanham Act (15 U.S.C. § 1052(e)(2)), which bars registration of a mark which is "primarily geographically deceptively misdescriptive" of the goods to which it is applied. We affirm.

I.

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