DENVER — A Denver advertising firm has lost a bid to register “Denver,” a name that it has used for decades for a popular downtown Denver area restaurant, a judge ruled Friday.
The Denver Advertising Agency was given two weeks to appeal the decision by the U.S. Patent and Trademark Office.
It argued the name should be used only in connection with its Denver restaurant, which was named “Denver Grill.”
The agency had been planning to use the name “Downtown Denver” for years.
The restaurant, however, has moved to a new location in a new city and is no longer named in the trademark.
The ruling by Judge Mark C. Davis came after a lawsuit by the Denver Advertising Group that sought to overturn the trademark registrations.
The group said the trademark was invalid because it was registered by a non-profit that is not a trademark holder.
“It’s unfortunate that the court found the trademark invalid because this group of people has chosen to use this name and that this group is not an entity that has the authority to use a trademark to mark its business,” said Denver Advertising Director John Bierman.
“I am very disappointed that the district court found that this was not a valid trademark registration and the court will have to revisit the case in the near future.”
The trademark application was filed in January 2016 by the group and was approved by the Federal Trade Commission.
It was not approved by Denver’s city council, but it had the support of the city’s Planning and Zoning Commission.
The agency did not respond to ABC News’ request for comment.