In Re Societe Generale Des Eaux Minerales De Vittel S.A., 824 F.2d 957

Summary

Appellant sought review of the decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (Board) refusing registration of appellant's mark. Appellant produced a line of cosmetics and skin care products bearing the mark of "VITTEL." Vittel was the name of the small town in the French Alps where appellant's company was located. It was also the name of an exclusive spa. The Board found that the mark was "primarily geographically descriptive" of the goods under 15 U.S.C.S. § 1052(e)(2) and a likelihood of confusion existed. The Board asserted that consumers might link appellant's product with the little-known spa. The court disagreed noting the obscurity of the French town and that the typical consumer would likely associate the mark "VITTEL" only as a product name. The court determined that there was no goods/place connection and reversed the Board's decision refusing registration.