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Nashvegas. That’s where I live. You might know it by its real name, Nashville.
I’ve had the following conversation many times while traveling:
Person: “Where are you from?”
Me: “Nashville.”
Person: “Oooooh. Nashvegas! I was just there for a bachelorette party!”
Anyway, I was scrolling through a docket report when I came across an appeal of a final refusal to register the NASHVEGAS trademark. Here are the details for the application:
| Mark | Details | Services | Owner |
| NASHVEGAS Serial: 98089614 | Ex Parte Appeal Pending | 041 entertainment services in the nature of live audio performances by musicians and musical groups; entertainment services in the nature of live musical performances; entertainment services in the nature of live visual and audio performances by an actor; entertainment services in the nature of live visual and audio performances, namely, musical band, rock group, gymnastic, dance, and ballet performances; entertainment services in the nature of live visual and audio performances, namely, musical, variety, news and comedy shows; entertainment services in the nature of live vocal performances by musicians and musical groups; entertainment services in the nature of presenting live musical performances; entertainment services, namely, live, televised and movie appearances by a professional entertainer; entertainment services, namely, providing music tours in the nature of live musical performances; entertainment, namely, live music concerts; entertainment, namely, live performances by a musical band; entertainment, namely, live performances by musical bands; entertainment, namely, live performances by rock groups; arranging and conducting nightclub entertainment events; arranging for ticket reservations for shows and other entertainment events; arranging, organizing, conducting, and hosting social entertainment events; booking of entertainment halls; 043 hotel restaurant services; hotel accommodation services; hotel accommodation, restaurant and bar services; hotel accommodation, restaurant and catering services; hotel accommodation, bar and restaurant services; hotel catering services; resort hotel accommodation services; resort lodging services; restaurant; restaurant and bar services, including restaurant carryout services; restaurant reservation services; restaurant services; arranging hotel accommodation; brunch restaurants; cafe, cafeteria and restaurant services; mobile restaurant services; pet-friendly restaurant services; providing hotel accommodation; providing extended-stay hotel accommodations; providing food and drink in restaurants and bars; | NELLY, INC. 1839 Belt Way Drive Overland MO 63114 |
You may recognize the application’s owner, Nelly, Inc., which is affiliated with Nelly, the rapper of “Hot in Herre” fame.
The application was refused registration because of a likelihood of confusion with the mark NASH VEGAS HONKY-TONK in U.S. Registration No. 5,853,533. If you receive a likelihood of confusion refusal, you have an opportunity to respond and explain why confusion is not likely. Nelly has done so twice, but the Examining Attorney is not buying it.
Notably, the Examining Attorney has yet to raise geographic descriptiveness as an issue. Section 2(e)(2) of the Trademark Act, 15 U.S.C. §1052(e)(2), prohibits registration on the Principal Register of a mark that is primarily geographically descriptive of the goods or services named in the application.
A geographic nickname like Nashvegas is supposed to be treated the same as the actual name of the geographic location if it is likely to be perceived as such by the purchasing public. In my experience, everyone knows that Nashvegas is a nickname for Nashville. Even the esteemed publication, the Urban Dictionary, contains the following entry:
The Examining Attorney hasn’t raised geographic misdescriptiveness as an issue either. After all, Nelly is from St. Louis, and the city has shaped much of his music and identity. Section 2(e)(3) of the Trademark Act, 15 U.S.C. §1052(e)(3), prohibits registration of a mark that is primarily geographically deceptively misdescriptive of the goods or services named in the application.
It’s not too late for another refusal to issue. The final office action requests additional information about Nelly’s services. Perhaps sensing where this is going, Nelly hasn’t offered many details. This should result in the application being refused registration. However, in the unlikely event that the application gets approved for publication, there should be a long list of potential opposers who wouldn’t want to see Nelly having exclusive rights to the use of NASHVEGAS for musical, restaurant, and hotel services.
Trust Tree Legal, P.C.
Mailing address:
798 Berry Road #41400
Nashville, TN 37204
Meetings by appointment only.