In re Steak and Ale Restaurants of America

185 U.S.P.Q. 447 (1975)

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In re Steak and Ale Restaurants of America

United States Patent and Trademark Office Trademark Trial and Appeal Board
185 U.S.P.Q. 447 (1975)

  • Written by Jenny Perry, JD

Facts

Steak and Ale Restaurants of America, Inc. (Steak and Ale) (applicant) applied to register the notation “Prince Charles” as a trademark for fresh and cooked meat. Registration was refused under § 2(c) of the Lanham Act because the mark consisted of or comprised a name identifying a particular living individual, specifically, a member of the British royal family. Steak and Ale appealed, arguing that the “Prince Charles” mark was an arbitrary usage of a historical title.

Rule of Law

Issue

Holding and Reasoning (Lefkowitz, J.)

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Casebooks

Trademark

Key Terms

  • TrademarkA symbolic representation of a company or product.
  • Lanham Act[15 U.S.C. §§ 1051–1127] A federal statute that regulates the use of trademarks, i.e., pictures, words, and other symbols used to identify goods and services, in commercial activity. The Lanham Act also defines various federal claims for unfair competition, including claims based on false advertising.

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