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In re Cordua Restaurants, Inc.

United States Court of Appeals for the Federal Circuit
823 F.3d 594 (2016)


Cordua Restaurants, Inc. (Cordua) (plaintiff), owned a chain of restaurants called Churrascos. Cordua filed a trademark application, seeking to register a stylized form of the word “CHURRASCOS.” The trademark examiner for the United States Patent and Trademark Office (PTO) (defendant) rejected the application on the ground that the mark was generic to Cordua’s services. Cordua acknowledged that the word churrasco meant barbecue in Portuguese. The PTO’s Trademark Trial and Appeal Board affirmed the examiner’s decision. Cordua appealed.

Rule of Law


Holding and Reasoning (Dyk, J.)

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