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In re The Newbridge Cutlery Co., 776 F.3d 854, 113 U.S.P.Q.2d 1445

Facts

The Newbridge Cutlery Company, an Irish company, sought to register the trademark 'NEWBRIDGE HOME' for its housewares and kitchenware products. The Trademark Examiner refused registration, claiming the mark was primarily geographically descriptive of Newbridge, Ireland. The Trademark Trial and Appeal Board affirmed this refusal, leading the applicant to appeal. The court reviewed the case to determine whether substantial evidence supported the Board's conclusion.

Applicant is an Irish company headquartered in Newbridge, Ireland, that designs, manufactures and sells housewares, kitchen ware and silverware in the United States and elsewhere around the world under the mark NEWBRIDGE HOME.

Issue

Is the term 'NEWBRIDGE' primarily geographically descriptive of the goods offered by the applicant?

Whether a mark is primarily geographically descriptive is a question of fact.

Rule

Under the Lanham Act, a trademark can be refused registration if it is primarily geographically descriptive. To establish this, the Patent and Trademark Office (PTO) must show that the mark is the name of a place known generally to the public and that the public would associate the goods with that place. The relevant public is the purchasing public in the United States.

Analysis

The court analyzed whether 'Newbridge' is generally known to the relevant American public. It found that the evidence presented by the PTO, including listings in gazetteers and mentions on websites, did not sufficiently demonstrate that the American public associates 'Newbridge' with the goods offered by the applicant. The court emphasized that the mere existence of information online does not equate to general knowledge among consumers.

The conclusion that Newbridge, Ireland, a town of less than twenty thousand people, is a place known generally to the relevant American public is not supported by substantial evidence. That Newbridge is the second largest town in County Kildare and the seventeenth largest in the Republic of Ireland reveals nothing about what the relevant American purchaser might perceive the word 'Newbridge' to mean and is too insignificant to show that Newbridge is a place known generally to the American purchasing public.

Conclusion

The court reversed the Board's decision, concluding that 'Newbridge' is not primarily geographically descriptive of the applicant's goods and remanded the case for further proceedings.

Who won?

The Newbridge Cutlery Company prevailed in this case because the court found that the evidence did not support the conclusion that 'Newbridge' was generally known to the relevant American public. The court determined that the Trademark Examiner's refusal to register the mark was not backed by substantial evidence, leading to a reversal of the Board's decision.

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