TTABlog Test: Is RODEO TEXAS Primarily Geographically Descriptive of Sports Event Parties and Non-rodeo Clothing?

The USPTO refused to register the mark RODEO TEXAS (in standard characters) for “Clothing and apparel, namely, shirts, hats, and jackets not for use by rodeo competitors,” in International Class 25, and for “Entertainment services, namely, conducting special events in the nature of pre event [sic] parties, watch parties, and after parties in connection with sports and entertainment events” in International Class 41, on the ground that the mark is primarily geographically descriptive of the goods and services under Section 2(e)(2). On the same ground, the Board refused to register the word-and-design mark shown below, for "Clothing and apparel, namely, shirts, hats, and jackets, all of the foregoing not for use by rodeo competitors,” absent a disclaimer of RODEO TEXAS. Applicant argued that it does not render rodeo services or sell clothing to wear in rodeo competitions. How do you think this appeal came out? In re Fantasy Rodeo, LLC, Serial Nos. 90531680 & 905316991 (November 18, 2025) [not precedential] (Opinion by Judge Robert Lavache).

A mark is primarily geographically descriptive when: 

1. the mark sought to be registered is the name of a place generally known to the public; 
2. the source of the goods or services is the geographic region named in the mark; and 
3. the public would make an association between the goods or services and the place named in the mark, that is, believe that the goods or services for which the mark is sought to be registered originate in that place.

As to the first prong of the test, the Board unsurprisingly found that TEXAS "is the name of a place known generally to the American public, including the relevant purchasing public, and is far from obscure or remote." Applicant Fantasy Rodeo conceded that Texas is a well-known place. [never heard of it - ed.].

Fantasy's Class 41 specimen of use confirmed that at least some of its watch parties feature rodeo competitions, and so the Board found that "RODEO is highly descriptive in this context because it identifies the subject matter of Applicant’s entertainment services, and the relevant purchasing public will perceive it in that manner."

As to the Class 25 goods, Fantasy clashed with Examining Attorney Mark Pilaro over the meaning of various registrations for RODEO-containing marks in which that word was, or was not, disclaimed. The Board observed:

[I]f there is a pattern to be discerned based on a review of the third-party registrations of record as a whole here, it is that, more often than not, RODEO has been disclaimed in connection with clothing, especially where the term appears along with geographically descriptive matter, or where the application includes both clothing and rodeo-related services.

Fantasy contended that RODEO is not merely descriptive of its goods because it "does not sell clothing to wear in rodeo competitions" - as indicated in its identification of goods. The Board was not moved: "T]here is no reason to conclude that RODEO is only descriptive as to clothing when that clothing is specifically worn or used in rodeo competitions; in fact, the record suggests otherwise."

Here, the evidence of record, considered as a whole, indicates that RODEO can be used to refer to rodeo-themed or rode[o]-appropriate attire, or to clothing items that are otherwise associated with rodeo events. Thus, the term has been disclaimed in many, though not all, RODEO-formative marks applied to clothing.

Moreover, according to the Board, relevant consumers may view RODEO "as indicating that the goods are provided by a rodeo exhibitor (albeit one who exhibits rodeo events through watch parties)." [Really? -ed.].

The Board concluded that "the addition of the term 'RODEO' does not detract from the primarily geographic descriptiveness of RODEO TEXAS as a whole."

As to the second prong of the test, the Examining Attorney relied on the fact that Fantasy is organized and located in Texas. One of Fantasy's specimens indicated that at least some of its services are rendered in Fort Worth, and they also indicate that its goods "are sold online without any apparent restrictions 'regarding where consumers can purchase [the goods],' meaning Applicant sells its goods in Texas." That was enough to satisfy the second prong.

As to the third prong, since the primary significance of RODEO TEXAS is geographic and the named place is neither obscure or remote, the Board is allowed to presume that the relevant public will make the requisite association of the goods and services with the named place.

And so, the Board upheld the refusal of the standard character mark but allowed the application to proceed to registration on the Supplemental Register in view of Fantasy’s proposed amendment in the alternative during prosecution. The Board also upheld the disclaimer requirement regarding the logo mark but allowed Fantasy 30 days to submit the required disclaimer, which will allow the application to proceed to registration.

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TTABlogger comment:

Like a bronco rider, I'm uncomfortable with this decision. It just seems so formulaic. I hesitate to call it mechanical bull.

Text Copyright John L. Welch 2025.