Changes at the US Patent and Trademark Office regarding how they handle place-name marks acknowledge that consumers in restaurants are not going to be deceived about the source of their food. This should make it easier to register place-name restaurant marks such as "Paris Cafe" located in places other than Paris.
Examination Guide NO. 2-09 Examination Procedures for §2(a) and §2(e)(3) Deceptiveness Refusals for Geographic Marks (11 May 2009)
The elements of a §2(e)(3) refusal apply to service marks as well as marks involving goods.13 However, application of the services-place association prong is more difficult to satisfy in that the mere showing that the services at issue often emanate from the place named in the mark is not sufficient.14 This is especially true for restaurant services because, having chosen a particular restaurant, a customer is aware of the geographic location of the service and is less likely to associate the services with the place named in the mark (e.g., a customer is less likely to identify restaurant services with a region of Paris when sitting in a restaurant in New York). 15