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Bottom line: The Board found that “LANCASTER” is not descriptive or misdescriptive with respect to confectionery and bread, etc.

The applicant filed a trademark application for “LANCASTER” in standard character designating candies [sweets], chocolate, caramels [candy], confectionery and bread in Class 30.

The examiner refused the application on the grounds as follows:

- Lancaster is known in Japan as a geographical name in England having many sightseeing spots including an old castle and church.  There are a variety of goods imported from such foreign tourist areas and sold in Japan.  So, the goods bearing the applied-for mark will be regard as the goods produced in Lancaster, England.  The mark will not function as a source identifier.
- The mark is misdescriptive of the quality of goods when used for goods other than those produced in Lancaster, England.

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

- Lancaster refers to the House of Lancaster, Lancastrian, Lancaster city in Pennsylvania, U.S.A., Burt Lancaster (an actor in the U.S.A.), other than Lancaster city in England.  Accordingly, Lancaster will not directly indicate the geographical name.  And, there is　no particular circumstance that Lancaster is regarded as Lancaster city in England.
- There is no circumstance either that Japanese consumers and traders will think the designated goods are produced or sold in Lancaster, England.
- The applied-for mark does not indicate an area of production or sale, and is not likely to mislead the quality of goods.

And so the Board reversed the examiner’s refusal.