Can I legally use the word deluxe at my restaurant? How? 5 Answers as of June 04, 2015

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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Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
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.
Answer Applies to: Utah
Replied: 6/4/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
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.
Answer Applies to: Nebraska
Replied: 6/4/2015
Webb IP Law Group
Webb IP Law Group | Jason P Webb
I don't know any reason why one would be stopped from doing that, in general terms.
Answer Applies to: Utah
Replied: 6/4/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
The word "delux" is a fairly nebulous word when related to a sandwich. A brief search of the trademark database located a registration for "D DELUX" in restaurant services. Usually you would first receive a cease and deist letter before being sued so you can change or remove the word before further legal action is taken.
Answer Applies to: California
Replied: 6/4/2015
Banner & Witcoff, Ltd. | Ernie Linek
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.
Answer Applies to: Massachusetts
Replied: 6/4/2015
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