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Keywords

plaintiffappealpatenttrademarkappellant
trademarkcorporation

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Companhia Antarctica Paulista v. Coe, 146 F.2d 669, 79 U.S.App.D.C. 316, 64 U.S.P.Q. 109

Facts

Companhia Antarctica Paulista sought to register the trademark 'Antarctica' for its products. The District Court ruled against the registration, stating that 'Antarctica' is a geographical term and thus not eligible for trademark protection under the Trade-Mark Act. The plaintiff appealed the decision, arguing that the term was not merely geographical due to the public's understanding of Antarctica as an uninhabited country.

Issue

Is the term 'Antarctica' eligible for registration as a trademark under the Trade-Mark Act?

The word 'Antarctica' is merely a 'geographical term' within Trade-Mark Act, and is not entitled to registration as a trade-mark.

Rule

'No mark by which the goods of the owner of the mark may be distinguished from other goods of the same class shall be refused registration as a trade-mark on account of the nature of such mark unless such mark- * * * (b) Consists of or comprises the flag or coat of arms or other insignia of the United States or any simulation thereof * * *: Provided, That no mark which consists merely in the name of an individual, firm, corporation, or association not written, printed, impressed, or woven in some particular or distinctive manner, or in association with a portrait of the individual, or merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods, or merely a geographical name or term, shall be registered under the terms of this subdivision * * *.'

Analysis

The court analyzed the appellant's argument that 'Antarctica' should be considered more than a geographical term because it refers to an uninhabited country. However, the court found that the plain language of the Trade-Mark Act does not allow for exceptions based on the perceived fanciful nature of the term. Therefore, the court concluded that 'Antarctica' falls within the category of geographical terms that are not eligible for trademark registration.

Conclusion

The court affirmed the lower court's decision, ruling that 'Antarctica' is a geographical term and not entitled to trademark registration.

Affirmed.

Who won?

The prevailing party in this case was Conway P. Coe, the Commissioner of Patents. The court upheld the decision of the lower court, which denied the registration of the trademark 'Antarctica' on the grounds that it is a geographical term. The court's reasoning emphasized the clear language of the Trade-Mark Act, which prohibits the registration of marks that are merely geographical in nature.

The court upheld the decision of the lower court, which denied the registration of the trademark 'Antarctica' on the grounds that it is a geographical term.

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