Broyhill Furniture Industries, Inc.

Trademark Trial and Appeal Board

Aug 17, 2001

No. 75473959 (T.T.A.B. Aug. 17, 2001)

8/17/01
GDH/gdh
Paper No. 9

UNITED STATES PATENT AND TRADEMARK OFFICE
______

Trademark Trial and Appeal Board
______

In re Broyhill Furniture Industries, Inc.
______

Serial No. 75/473,959
______

Kenneth Solomon of Howell & Haferkamp, L.C. for Broyhill
Furniture Industries, Inc.

Suellen C. Hickey, Trademark Examining Attorney, Law Office 112
(Janice O'Lear, Managing Attorney).
______

Before Simms, Seeherman and Hohein, Administrative Trademark
Judges.

Opinion by Hohein, Administrative Trademark Judges:

Broyhill Furniture Industries, Inc., a North Carolina
corporation with a location in Lenoir, North Carolina, has filed
an application to register the term "TOSCANA" as a trademark for
goods identified as "furniture".1

1 Ser. No. 75/473,959, filed on April 24, 1998, based upon an
allegation of a bona fide intention to use such term in commerce. An
THIS DISPOSITION
IS CITABLE AS PRECEDENT
OF THE T.T.A.B.

Ser. No. 75/473,959

2
Registration has been finally refused under Section
2(e)(3) of the Trademark Act, 15 U.S.C. §1052(e)(3), on the
ground that applicant's mark is primarily geographically
deceptively misdescriptive of applicant's goods.2
Applicant has appealed. Briefs have been filed but an
oral hearing was not requested. We affirm the refusal to
register.
Preliminarily, we note that the record in this case
establishes that, under the doctrine of foreign equivalents, the
term "TOSCANA" is an Italian word which means "Tuscany" in
English and designates a region in Italy. Such term, moreover,
has no other meaning. In this regard, the excerpt from
Cassell's Italian Dictionary (1958) at 534 defines "Toscana" as
"Tuscany," while the listing in Merriam-Webster's Geographical
Dictionary (3d ed. 1997) at 1194 of "Toscana" similarly refers
to "see TUSCANY," with "Tuscany ... or Ital. Toscana" in turn
being defined at 1210 as:
Autonomous region, W Italy; on Tyrrhenian
and Ligurian seas bet. Lazio and Liguria; *
[capital] Florence; ... considerable mineral

amendment to allege use was subsequently filed on November 10, 1998
which claims dates of first use of October 2, 1998.

2 Although registration has also been finally refused in view of
applicant's failure to submit a written translation of the term
"TOSCANA," such requirement is considered moot inasmuch as applicant,
in its appeal brief, states that it "does not dispute that the mark,
TOSCANA[,] is the Italian word for Tuscany, a region in Italy" and the
Examining Attorney in her brief has not addressed the issue.

Ser. No. 75/473,959

3
wealth (lead, zinc, mercury, copper,
lignite, marble); chemical, textile,
metallurgical, shipbuilding, and handicraft
industries; livestock, olives, vines. Chief
cities: Florence, Livorno, Prato, Pisa.
....
History: A Frankish margravate c. 9th
cent. A.D.; in 12th and 13th cents. divided
into several independent city-states,
subsequently reunited under Medici dukes of
Florence ... ; became grand duchy 16th
cent.; passed to house of Lorraine 1737 and
to Sardinia and the Kingdom of Italy in
1860s. .... Present region estab. 1948,
received limited autonomy 1970.

In a similar vein, the excerpt from volume 22 of Collier's
Encyclopedia at 555 lists "TUSCANY ... (It. Toscana)" as "a
region in north-central Italy, while volume 16 of The World Book
Encyclopedia at 8225 sets forth "TUSCANY ... (Italian name,
TOSCANA)" as:
[A] political region, or state, in Italy.
It lies on the western coast of Italy, and
north of the city of Rome. .... It covers
an area of 8,861 square miles and has a
population of 3,216,100. Tuscany is an
important agricultural and industrial
center. Tuscan straw hats are known all
over the world as "Leghorns." Other
important manufactures include cotton,
woolen, and silk materials. In Tuscany are
the famous Italian cities of Florence, Pisa,
Siena, and Leghorn (Livorno).
Tuscany has long been an important
Italian center of art and learning. ....

Thus, it is clear that the sole meaning of the Italian term
"TOSCANA" is "Tuscany," a region in Italy.
Ser. No. 75/473,959

4
In order to establish a prima facie case for refusal
on the ground that a mark is primarily geographically
deceptively misdescriptive of an applicant's goods within the
meaning of Section 2(e)(3) of the statute, the Examining
Attorney must show that: (1) the primary significance of the
mark is a generally known geographic place; and (2) purchasers
would be likely to think or reasonably believe that the
applicant's goods originate in or are connected with the
geographic place identified by the mark, that is, they would
make a goods/place association, when in fact the goods do not
originate in or are not connected with the place identified by
the mark. See, e.g., In re Save Venice New York, Inc., No. 00-
1458, slip op. at 3 (Fed. Cir. July 27, 2001); In re Wada, 194
F.3d 1297, 52 USPQ 1539, 1540 (Fed. Cir. 1999); In re Societe
Generale des Eaux Minerales de Vittel S.A., 824 F.2d 957, 3
USPQ2d 1450, 1452 (Fed. Cir. 1987); In re Loew's Theatres, Inc.,
769 F.2d 764, 226 USPQ 865, 867 (Fed. Cir. 1985); and In re
Nantucket, Inc., 677 F.2d 95, 213 USPQ 889, 892-93 (CCPA 1982).
However, "[a] mark is not primarily geographic where the
geographic meaning is obscure, minor, remote, or not likely to
be connected with the goods." In re Wada, supra, citing In re
Nantucket, Inc., supra at 892.
Applicant argues that the Examining Attorney "erred in
finding [that] the primary significance of TOSCANA as applied to
Ser. No. 75/473,959

5
furniture is geographic." Applicant also contends that the
Examining Attorney has not met her "burden of establishing that
the public is likely to believe that the goods originate in this
region." Specifically, as to the first prong of the test for
whether a mark is primarily geographically deceptively
misdescriptive, applicant asserts that furniture "is customarily
given trademarks that are geographic locations, probably
deriving from the traditional use of geographical names (such as
American Colonial or French Provincial) to refer to furniture
styles rather than manufacturing origin." Although applicant
insists that "[a] simple trademark search of various geographic
locations, particularly those locations associated with a
distinctive style, theme, motif or the like, readily
demonstrates the common practice and acceptance of use of
geographic names as trademarks for furniture," the sole evidence
cited by applicant in support of its assertion is a list of five
third-party registrations which pertain to furniture and are for
the marks "ROMA," "BOMBAY," "BRAZIL," "BARCELONA" and
"NOTTINGHAM FINE FURNITURE" (with the words "FINE FURNITURE"
disclaimed).3 According to applicant, none of the third-party

3 Although the Examining Attorney, in her brief, has objected to such
evidence "as being unsupported" in that a mere listing of third-party
registrations "is not credible evidence of the existence" thereof and
that copies of such registrations or their electronic equivalents, in
the form of printouts from the electronic records of the United States
Patent and Trademark Office, need to be submitted in order to make the
registrations properly of record," the objection is considered to have
Ser. No. 75/473,959

6
registrations contains either a disclaimer of the geographic
location or issued on the basis of a showing of acquired
distinctiveness.
In view thereof, applicant concludes that:
Because of the long-standing industry
practice of using names of geographic
locations as trademarks [for furniture],
customers of such furniture have become
accustomed to seeing and so recognize such
geographic designations as trademarks
distinguishing goods of one manufacturer
from those of another, while at the same
time suggesting a style or mood. Thus, the
customers certainly do not view such place
names as indicative of the origin of the
furniture itself, especially if a particular
style, theme, motif or the like is
associated with the named location.

In other words, it is the custom of the
furniture industry to use the names of
locations strongly associated with a
particular style, theme, motif or the like
in a fanciful way to suggest a furniture
style related to that style, theme, motif or
the like. Therefore, the primary
significance of such geographical place
names, when used on furniture, and in the
context of industry practice, is not
geographic and the purchasing public does
not believe that the furniture originated in
that origin. Rather the public recognizes
that the geographic name is used in a

been waived since it was not interposed in response to applicant's
reliance on such listing in its response to the initial Office Action.
Accordingly, and while we do not have the file history for any of the
third-party registrations or know whether any of such registrations
issued on the Supplemental Register instead of the Principal Register,
applicant's evidence regarding certain third-party registrations has
been considered for whatever limited probative value such evidence may
have.

Ser. No. 75/473,959

7
fanciful way to suggest a certain style,
theme or motif.

This is the case, in particular, with
TOSCANA. ....

There is no evidence, however, which substantiates
applicant's assertions. The third-party registrations upon
which it relies are not evidence that the marks which are the
subjects thereof are in use and that the relevant purchasing
public is familiar therewith. See, e.g., AMF Inc. v. American
Leisure Products, Inc., 474 F.2d 1403, 177 USPQ 268, 269 (CCPA
1973); In re Hub Distributing, Inc., 218 USPQ 284, 285 (TTAB
1983); and National Aeronautics & Space Administration v. Record
Chemical Co., Inc., 185 USPQ 563, 567 (TTAB 1975). Each case,
moreover, must in any event be determined on its own merits and
there is nothing in this record to indicate the reasons for the
allowance of the third-party registrations upon which applicant
relies. See, e.g., In re Nett Designs Inc., 236 F.3d 1339, 57
USPQ2d 1564, 1566 (Fed. Cir. 2001) ["Even if some prior
registrations had some characteristics similar to [applicant's]
application, the PTO's allowance of such prior registrations
does not bind the Board"] and In re Pennzoil Products Co., 20
USQP2d 1753, 1758 (TTAB 1991). Furthermore, as used in
connection with furniture, while the relatively few geographical
Ser. No. 75/473,959

8
terms of which we are aware and may judicially notice,4 such as
"Danish," "Scandinavian" or "Mediterranean," do indeed designate
particular styles of furniture,5 those terms would be

4 It is settled that the Board may properly take judicial notice of
entries in dictionaries and other standard reference works. See,
e.g., In re Hartop & Brandes, 311 F.2d 249, 135 USPQ 419, 423 at n. 6
(CCPA 1962); Hancock v. American Steel & Wire Co. of New Jersey, 203
F.2d 737, 97 USPQ 330, 332 (CCPA 1953); and University of Notre Dame
du Lac v. J. C. Gourmet Food Imports Co., Inc., 213 USPQ 594, 596
(TTAB 1982), aff’d, 703 F.2d 1372, 217 USPQ 505 (Fed. Cir. 1983).

5 For example, The Encyclopedia of Furniture (3rd ed. 1965) at 158
contains the entry "DANISH. See SCANDINAVIA" and at 362 discusses
"SCANDINAVIA" as a "style" of furniture. A more extensive discussion
of "SCANDINAVIAN FURNITURE" is found in The Complete Guide to
Furniture Styles (1969) at 442-49. In addition, the handbook Seng
Furniture Facts (22nd ed. 1968) at 62 lists "Scandinavian" furniture
as a style which, in terms of general attributes, "is fundamentally
decorative, its renditions running to chaste, even severe, silhouettes
and an almost total absence of ornamental flourishes" and further
notes that "[t]his style's designers confine themselves to light,
plain woods (walnut, teak) in simple curves and roundings, with
tapered feet and flat turnings." Such reference, as to suggestions
for use of Scandinavian furniture, states that:

Modern Scandinavian stylings are currently in heavy
demand for formal and informal living areas where
unstylized treatment prevails. .... There is a strong
trend for furniture stores, particularly in the larger
population centers, to feature Scandinavian furniture
exclusively ....

The same handbook at 54 discusses "Mediterranean" style furniture,
stating as to its general attributes that:

Mediterranean furniture runs the gamut from almost
primitively functional to extremely formal. Spanish pieces
favor the vigorous, masculine look with deep moldings.
Italian interpretations are more restrained. They are
"built to the floor" with comparatively short, squat,
ornately turned legs and feet. .... Pecan, chestnut,
walnut, red pine and mahogany are favorite woods.

As to suggestions for use, such reference mentions that "Mediterranean
styles blend well with all the 'country', or provincial, stylings
except in their ultra-classic forms" and indicates that "[t]hey may be
used with contemporary furniture if it is not too delicate."
Ser. No. 75/473,959

9
unregistrable as merely descriptive, if not generic,
designations under Section 2(e)(1) of the Trademark Act, 15
U.S.C §1052(e)(1), rather than simply suggesting, as asserted by
applicant, the geographical source of the furniture's
production. Lastly, while we observe that the record contains
various website references to "Tuscan furniture" and "Tuscany
furniture," such evidence is at best equivocal as to whether
such phrases refer to furniture which is made in Tuscany or
whether there is in fact a style of furniture which is so known.6
Applicant additionally argues that Tuscany is famous
for its art, literature, history and culture, but not for its
furniture. Citing, in particular, various encyclopedia articles
on Tuscany which it has made of record, applicant contends that:
Tuscany is not known for its furniture,
but it is closely associated with the art
and style of the Renaissance. Tuscany,
Italy is known primarily for its historical
pre-eminence in the arts and learning. ....
Tuscany's capital, Florence, is renowned as
one of the world's greatest centers of
artistic treasures and traditions and the
birthplace of the Renaissance, but its other
cities, such as Pisa and Siena[,] are well
known for their Renaissance contributions as
well. .... Tuscany and Florence in
particular are famous as the home to some of
the world's greatest artists and writers,
including Leonardo da Vinci, Michelangelo,

6 In view thereof, a remand of this case to the Examining Attorney,
pursuant to Trademark Rule 2.142(f)(1), to consider a refusal on the
grounds of mere descriptiveness or, perhaps, genericness under Section
2(e)(1) of the statute does not appear to be warranted.

Ser. No. 75/473,959

10
Giotto, Dante, and Boccaccio, the great
scientist Galileo, and the political
theorist Machiavelli. .... As a result,
today tourism [is] a major economic activity
of the city renowned for its art galleries,
churches and museums.

Thus, for hundreds of years, Tuscany
was the center of one of the greatest
periods of cultural enrichment in history.
Its fame and reputation today, and its
attraction to tourists, are due, therefore,
primarily to its leadership and lasting
contribution in the Renaissance.

We agree with the Examining Attorney, however, that
"[t]he primary significance of the term TOSCANA, or its English
translation TUSCANY, is geographic." The dictionary definitions
and encyclopedia articles previously noted, as well as the
excerpt of record from the on-line Encarta Encyclopedia, which
among other things indicates that Tuscany is a "region in
northern Italy, east of the Ligurian Sea and the Tyrrhenian
Sea," with Florence as its capital and having an area of "8877
sq mi" and a 1991 population of "3,599,085," clearly establish
that, as stated by the Examining Attorney in her brief, "the
general public knows this geographic place and it is neither
obscure nor remote," given its location, size and density.
Moreover, as the Examining Attorney accurately points out,
"applicant has not offered any other definitions of TOSCANA to
rebut the examining attorney's prima facie case, which proves
that the primary significance of the mark is geographic."
Ser. No. 75/473,959

11
We find, therefore, that there is substantial evidence
to establish that the primary significance of the mark
"TOSCANA," which is the Italian word for the region in Italy
known in English by the name "Tuscany," is a generally known
geographic place. The fact, furthermore, that the record shows
that Tuscany was the center for Renaissance art, literature,
history and culture does not detract from the primary
significance of the mark "TOSCANA" as designating the
geographical locality where such activity occurred. See, e.g.,
In re Save Venice New York, Inc., supra at 4 and In re Jack's
Hi-Grade Foods, Inc., 226 USPQ 1028, 1029 (TTAB 1985).
Inasmuch as the first prong of the test for whether
applicant's mark is primarily geographically deceptively
misdescriptive has been satisfied, and since applicant, as to
the second prong of such test, has admitted in its response to
the initial Office Action that its goods "do not emanate from
Tuscany, Italy" and has reiterated in its brief that such goods
"do not originate in the place the Examiner asserts the subject
mark identifies," the sole issue remaining is whether consumers
would make a goods/place association upon encountering the mark
"TOSCANA" used in connection with applicant's furniture.
Applicant asserts that, as shown by the record, "Tuscany has a
reputation for several industries, but not the furniture
industry." Instead, according to applicant, the record reveals
Ser. No. 75/473,959

12
that "Tuscany's primary industries include wine and wine grapes,
wheat, corn, chestnuts, fruit, woolen and cotton items, olives,
glass, and even chemicals, machinery, ceramics, iron and steel."
Specifically, in addition to the relevant portions of
the excerpts previously quoted, an article about Tuscany in
volume 27 of The Encyclopedia Americana (int'l ed.) at 287
states in pertinent part that:
Agriculture. Except where altitude
forbids, wheat, vines, fruit, and olives do
well in Tuscany's Mediterranean climate.
The oil of Lucca and the wine of the Chianti
hills are particularly renowned. Low
average temperatures discourage the
cultivation of citrus plants, but corn and
animal fodder flourish on the damper lowland
soils.
....
Industry and transportation. Tuscany's
industries stem from its traditional skills
rather than from any natural advantages.
Metal smelting, chemical manufacture, oil
refining, and engineering (including
shipbuilding) are important at Leghorn; the
manufacture of woolen fabrics at Prato; and
food processing, electrical engineering, and
the manufacture of textiles, chemicals, and
precision instruments at Pistoia and
Florence. Handicraft industries,
particularly in wood, leather, metal, and
pottery, are stimulated by the tourist
attractions of Florence, Pisa, and Siena.
....

Similarly, the article from Collier's Encyclopedia, supra at
556, indicates in relevant part:
Economic Resources. Although much of
the land [of Tuscany] is under cereal crops,
principally wheat, tree crops are equally
Ser. No. 75/473,959

13
important. The Chianti vineyards produce
... over a quarter of the total Tuscan wine
production. Olives are important
particularly around Lucca and Pisa, and
chestnuts and fruits are grown on a lesser
scale. ....
The woolen industry of Prato is a
remnant of the cloth trade of the Middle
Ages. There are modern cotton mills at
Florence, Leghorn, and Pisa. Mining and
quarrying are traditional and still
important. Iron pyrite for the preparation
of sulfuric acid and superphosphates is
processed in west Tuscany. Mercury is mined
at Monte Amiata, salt at Volterra, and borax
in the Cecina Basin. Building materials,
principally Carrara marble, are produced in
the Apuanian Alps.
Major industries of Tuscany are the
iron and steel works at Piombino, the
shipyards of Leghorn, and the motorcycle
factories at Pontedera. Tourism is also
important.

In a similar vein, the printout from the on-line Encarta
Encyclopedia states in pertinent part that:
Agricultural products include wheat,
corn, wine grapes, olives, and tobacco. The
most important manufactures are wool and
cotton textiles, chemicals, machinery,
glass, and ceramics.

In view of such evidence, applicant stresses that:
[I]n none of the located encyclopedic
references to Tuscany ... is there any
mention of furniture. But even if mention
is so made or even if furniture is a major
industry, such does not establish such as
[sic] association in the public's mind.
Tuscany's commerce lies heavily with other
products and its fame rests in its
contribution to the arts, culture and
literature.

Ser. No. 75/473,959

14
Furthermore, as to the evidence, discussed more fully below,
upon which the Examining Attorney relies to demonstrate a
goods/place association between furniture and Tuscany, applicant
maintains that:
In the first Office Action, the
Examiner cited four casual ["NEXIS/LEXIS"]
references ... out of presumably millions of
articles. This does not establish that
Tuscany is especially known for furniture,
that such is recognized by consumers or that
consumers would then view the use of the
mark TOSCANA as a trademark as indicating
the origin [of production] of the goods. It
can be expected that some reference to
furniture can be found with respect to
almost any sizable geographic location;
however, that does not establish that the
locale is one that would be recognized as a
furniture manufacturing center. Indeed, a
closer look at the citations indicates that
the substance of them does not indicate a
Tuscan reputation for furniture. ....

In the second (and final) Office
Action, the Examiner produced several other
references, but even these newly cited
references fail to establish that Tuscany
has a reputation for furniture-making. In
fact, the dictionary excerpt cited by the
Examiner supports Applicant's point: it
identifies quite a few industries associated
with Tuscany (minerals, chemicals, textiles,
metallurgy, shipbuilding, handcrafts,
livestock, olives, vines), but furniture is
conspicuously absent from the list. And the
articles cited by the Examiner are hardly
any better. They cite Tuscany in
association with such things as anchovies
and wines, mention that a house in Tuscany
contains furniture, report that Tuscany is
attempting to begin exporting furniture to
China, and the like, but nowhere provide any
relevant evidence suggesting a current
Ser. No. 75/473,959

15
reputation in the U.S. for furniture
originating in Tuscany. Thus, the evidence
produced by the Examiner does not establish
that purchasers would expect the goods ...
recited in the application to have their
origin in the geographical locality named in
the mark.

We concur with the Examining Attorney that a prima
facie case has been shown and that the evidence offered by
applicant is insufficient to rebut such showing. As she
correctly points out in her brief:
To establish a goods/place association,
the examining attorney must only show a
"reasonable basis" for concluding that the
public is likely to believe that the mark
identifies the place from which the goods
originate. In re Loews Theatres, Inc., ...
226 USPQ ... [at] 868 .... The examining
attorney need not show the fame of the
place, but rather the likelihood that the
particular place will be associated with the
particular goods. Id.

We agree with the Examining Attorney that "[t]he evidence of
record clearly indicates that there is a reasonable basis for
concluding that there is a public association between the
applicant's furniture and the geographic region of TOSCANA, or
its English equivalent TUSCANY." Applicant's point-of-purchase
display catalogs, which were submitted as specimens of use of
the term "TOSCANA," readily foster a goods/place association
between its furniture and Tuscany by referring to "Europe's
Mediterranean coast" and "European sensibility" as follows:
Ser. No. 75/473,959

16
"From Europe's Mediterranean coast to
American homes in every region: Toscana by
Broyhill Premier brings an elegant European
sensibility to casually elegant homes"; and

"Europe's Mediterranean coast is known for
its richly textured landscape, effortless
blend of cultures, and age-old architecture.
Toscana by Broyhill Premier celebrates a
fine European sensibility with exuberant
styling, beautiful ornamentation, and
impressive proportions."

In particular, the record includes the following
relevant excerpts which, the Examining Attorney notes, were
retrieved from a search of the "NEXIS/LEXIS" computerized
database (emphasis added):
"Guilio also has developed his own
hand-crafted private label line, Patina,
which has a less formal look and resembles
antique furniture from Tuscany." -- Chicago
Sun-Times, August 23, 1998 (article
headlined: "Unmatched beauty; today's
kitchen cabinets look more like furniture
than the plain boxes of yesterday");

"European-influenced, Tuscany-finished
furniture." -- News & Record (Greensboro,
NC), April 23, 1998; and

"And exports of wine, food, fashion,
furniture and other goods from Tuscany to
North America have increased 60 percent in
the same period, to about 12.5 percent of
all goods exported from Italy ...." --
Dallas Morning News, August 1, 1997.

In addition, she observes that, "[i]n light of the growing
prevalence of businesses using the Internet to sell their
goods," the record contains printouts from "several websites
Ser. No. 75/473,959

17
identifying businesses that sell furniture made in Tuscany," of
which the following are particularly pertinent (emphasis added):
"A delightful and enchanting piece of
Greece and Italy sits in the lovely
riverside town of Lambertville, New Jersey,
where people can leisurely explore treasures
from the regions of Greece and Italy ....
This special place is The Urban
Archaeologist, where a vast collection of
unique gifts, home and garden furnishings,
hand made jewelry & leather items are
available ....
....
At the store you can find a variety of
artifacts such as old olive jars on wrought
iron bases, Greek mahogany and Tuscan
furniture and accents. ...." --
http://www.-
urbanarchaeologist.com/whoweare.-htm;

"The holder, Mr. Marcello Bartalini,
has always addressed his firm toward the
typical characteristics of the Tuscan
furniture production: quality, service and
safety adding, from ...1965 to today, also
much experience." --
http://www.lacevmobilacev.-it/firm.html;

"Business Name: Made in Italy
Address: 31 N. Main Street City: New Hope
State: PA .... Brief Description: We
import directly from Italy only the finest
in handcrafted Furniture from Tuscany,
Venetian Glass Jewelry, Leather, come see!!"
--
http://www.asact.infotrends.com/freelistings
/retail.htm ;

"Painted furniture from Bassano,
Sicilian ceramics and diverting wrought-iron
furniture from Tuscany, in strong
Mediterranean colours. Nice prices" --
http://www.timeout.com/rome/serv/Design_and_
-Household.htm ;

Ser. No. 75/473,959

18
"Tuscany is strengthening its
cooperation with China as far as shoe and
furniture exports are concerned through a
number of promotional initiatives, joint
ventures, [and] sale[s] licenses.
....
As for furniture, Tuscany will have a
permanent show room in Shanghai set up in
cooperation with a state run Chinese company
which is already involved in import-exports
of pieces of furniture. This initiative has
been promoted by the Experimental Center of
Furniture from Poggibonsi which gathers
hundreds of companies located in Siena and
Florence ...." -- http://www.Italianetwork.-
it/studi/studi43/studi_e.htm;

Finally, as also noted by the Examining Attorney, the
record contains "copies of online advertisements for villa and
apartment rentals in Tuscany, which refer to 'local,' 'typical,'
'traditional' and 'authentic' Tuscan furniture." The following
excerpts are representative (emphasis added):
"The rooms are light and furnished
tastefully with local Tuscan furniture." --
http://www.villa-rental.com/Italy/Tuscany-
/La_Fontanella/index.htm;

"COUNTRY LIFE IN TOSCANA. .... The
villa can be utilized ... in one large
appartment [sic] for seven persons ....
Furnished with typical tuscan furniture, the
appartements [sic] have all comforts ...." -
-
http://www.travel.it.immobil/grutta/grutta.-
htm;

"All the appartments [sic] ... have
their own garden and have been furnished
with typical Tuscan furniture." --
http://www.fattoriadimigilarino.it/piauk.htm
;

Ser. No. 75/473,959

19
"Authentic Tuscan furniture and
satellite TV in all the apartments." --
http://www.busines.il.nu/Italy; and

"All apartments have terra cotta
floors, wood-beamed ceilings, traditional
Tuscan furniture, modern kitchens and
bathrooms, and lots of large windows." --
http://valdi-chiana.it/expo/ilgreppo/index.-
eng.html.

While, as mentioned previously, such evidence is at best
equivocal as to whether the references to "Tuscan furniture"
refer to furniture which is made in Tuscany or instead designate
a style of furniture which originated in Tuscany, it is clear in
either event that even if Tuscany is not famous or known for
furniture and/or has not come to represent a style thereof, the
production of furniture is nonetheless a significant industry in
such region of Italy and has been for many years.
Clearly, furniture is a product which is made in
Tuscany, as it is in numerous geographic locales throughout the
world, and members of the general public interested in
purchasing furniture which comes from Tuscany would, during the
course of an Internet search, find advertisements of the kinds
which have been made of record. The evidence is sufficient to
establish a prima facie showing that the purchasing public would
reasonably believe that furniture bearing the mark "TOSCANA" is
manufactured or otherwise originates in Tuscany and applicant
Ser. No. 75/473,959

20
has offered nothing to rebut the goods/place association which
consumers would be likely to make.
In particular, Tuscany has been shown to be a sizeable
region which produces a wide variety of products, including
furniture. While Tuscany is apparently not famous or otherwise
noted for its furniture, such is not a requirement in order for
consumers to mistakenly believe that a goods/place association
exists. See, e.g., In re Jack's Hi-Grade Foods, Inc., supra at
1030. According to the record, Tuscany is an important
industrial center and, especially in the case of pieces of hand-
crafted furniture (which are products encompassed by the goods
identified in applicant's application), such items plainly would
be considered by consumers to be a natural expansion of
Tuscany's longstanding handicraft industries, particularly those
in wood and metal. Applicant's mere argument that "[p]urchasers
of fine furniture are sophisticated and very discriminating
because of the nature of goods," which are often expensive and
selected "with the personal assistance and advice of an
experienced salesperson," does not negate the demonstrated fact
that consumers would regard the term "TOSCANA" as geographical
and would simply assume that the furniture they are interested
in purchasing is made in or otherwise has its origin in the
Tuscany region of Italy, when in fact such is not the case.
See, e.g., In re Save Venice New York, Inc., supra at 5 ["from
Ser. No. 75/473,959

21
the consumer's perspective, we ... find no reason to believe
that the public strictly limits its association of a place to
the geographic region's traditional products or services";
instead, "[b]ecause ... consumers may assume that geographic
regions, like other commercial actors, are likely to expand from
their traditional goods or services into related goods or
services, we hold that the registrability of a geographic mark
may be measured against the public's association of that region
with both its traditional goods and any related goods or
services that the public is likely to believe originate there"].
Decision: The refusal under Section 2(e)(3) is
affirmed.