IN RE JACQUES BERNIER, INC.

No. 89-1457.

894 F.2d 389 (1990)

In re JACQUES BERNIER, INC.

United States Court of Appeals, Federal Circuit.

January 24, 1990.


Attorney(s) appearing for the Case

Marshall A. Burmeister, Burmeister, York, Palmatier, Hamby & Jones, Chicago, Ill., argued for appellant.

Linda M. Skoro, Asst. Sol., Arlington, Va., argued for appellee. With her on the brief was Fred E. McKelvey, Sol.

Before MARKEY, Chief Judge, FRIEDMAN, Senior Circuit Judge, and MAYER, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board (Board) refusing to register on the primary register the mark RODEO DRIVE for perfume. The Board held that the mark was unregisterable under section 2(e)(2) of the Lanham Act, 15 U.S.C. § 1052(e)(2) (1988), because the mark is "primarily geographically descriptive or deceptively misdescriptive as applied to the goods." In re Jacques Bernier, Inc.,

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