context: Cordua argues that even if "churrascos" is generic as to "churrasco restaurants" (also known as "churrascari-as"), it is not generic as to all restaurant services. But a term is generic if the relevant public understands the term to refer to part of the claimed genus of goods or services, even if the public does not understand the term to refer to the broad genus as a whole. Thus, the term "pizzeria" would be generic for restaurant services, even though the public understands the term to refer to a particular sub-group or type of restaurant rather than to all restaurants.
citation_a.signal: see also
citation_a.identifier: 175 F.3d 266, 271
citation_a.parenthetical: "Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection."
citation_a.sentence: See, e.g., Northland Aluminum, 777 F.2d at 1561 (affirming the TTAB’s determination that BUNDT is generic “for a type of ring cake”); In re Analog Devices, Inc., 6 U.S.P.Q.2d 1808, 1810, 1988 WL 252496, at *3 (TTAB 1988) (“There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.”), aff'd, 871 F.2d 1097 (Fed.Cir.1989) (unpublished); see also Otokoyama Co., Ltd. v. Wine of Japan Imp., Inc., 175 F.3d 266, 271 (2d Cir.1999) (“Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.”).
citation_b.signal: see
citation_b.parenthetical: "There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category."
citation_b.sentence: See, e.g., Northland Aluminum, 777 F.2d at 1561 (affirming the TTAB’s determination that BUNDT is generic “for a type of ring cake”); In re Analog Devices, Inc., 6 U.S.P.Q.2d 1808, 1810, 1988 WL 252496, at *3 (TTAB 1988) (“There is no logical reason to treat differently a term that is generic of a category or class of products where some but not all of the goods identified in an application fall within that category.”), aff'd, 871 F.2d 1097 (Fed.Cir.1989) (unpublished); see also Otokoyama Co., Ltd. v. Wine of Japan Imp., Inc., 175 F.3d 266, 271 (2d Cir.1999) (“Generic words for sub-classifications or varieties of a good are [ ] ineligible for trademark protection.”).