LAS VEGAS BREWING COMPANY as it relates to "[b]eer, ale, lager, stout and porter" (Class 032) and "[r]estaurant services including sit-down and take-out services; bar services; serving beer; catering services" (Class 043).
A trademark is considered to be primarily geographically descriptive if:
- (1) the primary significance of the mark is a generally known geographic location;
- (2) the goods or services originate in the place identified in the mark; and
- (3) purchasers would be likely to believe that the goods or services originate in the geographic place identified in the mark. TMEP 1210.01(a).
Note - if the goods and services in this application do not originate in Las Vegas, the applicant still might receive an Office Action under Section 2(e)(3) or Section 2(a) of the Trademark Act. Those sections prohibit the registration of marks that are primarily geographically deceptively misdescriptive and marks that are deceptive, respectively. The tests under Section 2(e)(3) and Section 2(a) are similar to the test above, except that the goods or services do not originate in the place identified in the mark and the misrepresentation is a material factor in a significant portion of the relevant consumer's decision to buy the goods or use the services.