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Bottom line: The Board found stylized “ThaiCurry” descriptive for pre-cooked curry stew produced in Thailand.

The applicant filed a trademark application for stylized “ThaiCurry” designating pre-cooked curry stew produced in Thailand in Class 29.

<Applied-for mark>

The Examiner found that the applied-for mark merely indicates the production area of the designated goods, and refused the application under Section 3-1-3 of Trademark Act.

The Board observed the applied-for mark and found as follows:

-　Lettering methods are prevalent nowadays, and it has become common to use lettering to get consumer’s attention.  Additionally, both “Thai” and “Curry” are familiar English words in Japan.  So, it will be natural that consumers regard the applied-for mark as a stylized word “ThaiCurry”.
-　Thus, consumers will find the applied-for mark as an indication of the quality or the production area of goods such as Thai-style curry or curry produced in Thailand when　the mark is used for the designated goods.  And, the mark is represented in a common manner.  Therefore, the mark falls under Section 3-1-3 of Trademark Act.

The applicant argued that the applied-for mark functions as a source identifier as it is presented in distinct font in the motif of coral branches.  The Board however recognized that even so, the stylization is within a common manner.

The applicant also argued that the applied-for mark has already acquired secondary meaning.  However, the Board held that the applicant did not submit sufficient evidences to establish secondary meaning.

And so the Board affirmed the refusal of stylized “ThaiCurry” to be descriptive.