QUESTION

Can I legally use the word deluxe at my restaurant? How?

Asked on Jun 04th, 2015 on Patents - Massachusetts
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Can I use the word deluxe to describe a sandwich that I am going to sell at my small restaurant? I know that a lot of fast food restaurants also use this word to describe their food. I am just not sure if they are all running the risk of being sued by doing so.
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4 ANSWERS

The term DELUXE is a common adjective meaning luxurious or sumptuous, or of a superior kind or nature. It is a term that is merely descriptive of an attribute of the object to which it is attached. So, by itself the term DELUXE is not a mark that could be successfully enforced against you. An example of how this term has been used to describe sandwiches might be instructive.
Answered on Jun 04th, 2015 at 4:35 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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You should be able to use the word without any problem. The name of a sandwich can't be copyrighted and deluxe, by itself, can't be used as a trademark.
Answered on Jun 04th, 2015 at 2:36 PM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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I don't know any reason why one would be stopped from doing that, in general terms.
Answered on Jun 04th, 2015 at 1:47 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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Why not ? Deluxe is a common dictionary word - meaning "of special elegance, sumptuousness, or fineness; high or highest in quality, luxury, etc." Go for it.
Answered on Jun 04th, 2015 at 12:12 PM

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