VRBIA Appeals TTAB's "NOT MADE IN FRANCE" Decision

TTABlog readers will recall the NOT MADE IN FRANCE decision, blogged here, in which the Board affirmed a Section 2(e)(1) refusal, finding the mark merely descriptive of certain clothing items. In re VRBIA, Inc., Serial No. 78263738 (December 3, 2004) [not citable].


The Board rejected VRBIA's principal argument: that the mark will not be perceived as descriptive, but rather as a "humorous satire on the country of origin label" or a "humorous statement relating to the current decline in Franco-American relations over the war in Iraq."

VRBIA will now have the opportunity to test the sense of humor of the CAFC, in Appeal No. 05-1316, docketed on April 6, 2005.

TTABlog update: The appeal was dismissed on May 14, 2005 because it was untimely filed.

Text ©John L. Welch 2005. All Rights Reserved.