The Federal Circuit recently affirmed the TTAB's ruling in
In re Cordua Restaurants LP, finding
the term CHURRASCOS (stylized) to be generic for
restaurant services.
What This Means to You
This case could impact applicants attempting to register a term
that is a key aspect or characteristic of the class of goods or
services identified in the trademark application.
Case Background
The issue on appeal in In re Cordua Restaurants LP was
whether "churrascos" is generic for restaurant services
generally. The question of whether a term is generic is a question
of fact that must be determined by a showing of "substantial
evidence." Here, the Federal Circuit pointed out that
Cordua's ownership of a registration for the CHURRASCOS word
mark for the same services ("restaurant and bar services;
catering") did not preclude a finding of genericness for the
stylized version of the mark, noting that each trademark
application must be examined on its own merits. Though
