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IN RE LES HALLES DE PARIS J.V.

No. 02-1539.

334 F.3d 1371 (2003)

In re LES HALLES DE PARIS J.V.

United States Court of Appeals, Federal Circuit.

July 11, 2003.

Attorney(s) appearing for the Case

Myron Cohen, Cohen, Pontani, Lieberman & Pavane, of New York, NY, argued for appellant. With him on the brief were Lance J. Lieberman and Jeremy Kaufman.

Stephen Walsh, Associate Solicitor, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief were John M. Whealan, Solicitor, and Nancy C. Slutter, Associate Solicitor. Of counsel were Cynthia C. Lynch and William G. Jenks, Associate Solicitors.

Before NEWMAN, RADER, and DYK, Circuit Judges.

RADER, Circuit Judge.

Les Halles De Paris J.V. (Les Halles or applicant), appeals the Trademark Trial and Appeal Board's (Board) refusal to register its mark — LE MARAIS — for restaurant services. Citing section 2(e)(3) of the Lanham Act, 15 U.S.C. § 1052(e)(3) (2000), the Board concluded that the mark was primarily geographically deceptively misdescriptive. See In re Les Halles de Paris J.V., 2002 WL 850842, 2002 TTAB LEXIS 263, at *12-14...

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