In re Wada

194 F.3d 1297 (1999)

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In re Wada

United States Court of Appeals for the Federal Circuit
194 F.3d 1297 (1999)

Facts

Hiromichi Wada (applicant) filed an intent-to-use application for the mark “New York Ways Gallery” on various types of leather bags, luggage, and similar items. Wada’s application disclaimed any exclusive rights to the term New York apart from its use within the mark. Registration was refused because the mark was primarily geographically deceptively misdescriptive for the goods identified. The Trademark Trial and Appeal Board (board) affirmed, rejecting Wada’s assertion that the mark was meant to evoke a New York style and was not primarily geographic. The board also rejected Wada’s argument that the disclaimer of the term New York allowed the mark as a whole to be registered. Wada appealed.

Rule of Law

Issue

Holding and Reasoning (Garjarsa, J.)

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