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"AMERICAN MASALA" Geographically Descriptive of Food Products, Says TTAB

By John L. Welch

The TTAB found unsatisfactory the recipe offered by author and Chef Suvir Saran for registration of the mark AMERICAN MASALA for various food items and for restaurant services [MASALA disclaimed]. The Board affirmed the PTO's Section 2(e)(2) refusal because the mark is primarily geographically descriptive. In re Saran, Serial No. 78713958 (January 18, 2008) [not precedential].The Board first found that the primary significance of AMERICAN MASALA "is that of a generally known geographic place, i.e., the United States of America." Applicant translated the word MASALA to mean "spice," and the PTO submitted dictionary evidence defining "masala" as a mixture of spices used in Indian cookery. The Board therefore deemed MASALA to be generic for certain of Applicant's goods (spices, spice blends, food flavorings, seasonings, curry powder) and at least merely descriptive of restaurant services, which presumably include restaurants serving Indian dishes featuring masala...continue to full post

Full post as published by The TTABlog on February 04, 2008 (boomark / email).