Geographically Deceptively Misdescriptive Marks
E-mail comments to -
site_management@transjurlex.com
- In order for registration to be refused under Section 1052(e)(3), it must be shown that:
- The mark sought to be
registered is or contains the name of a place known generally to the public; and
- That purchasers are likely to believe, mistakenly, that the
goods or services in relation to which the mark is to be used have their origin in or are somehow connected with the geographic place named in the mark.
- The determination of registrability under Section 1052(e)(3) should not depend on whether the mark is unitary or composite.
- It is sufficient that the mark, when viewed in its entirety, projects a primarily geographic significance.
- Similarly, a mark that is unregistrable under Section 1052(e)(3) because it contains matter which is primarily geographically deceptively misdescriptive of goods or services will not become registrable because of a disclaimer of the geographically deceptively misdescriptive component.
Back to Main Page (Resets All Frames)
Back to Section 1052 of the Overview
Nothing in this site is intended in any way to constitute legal advice or to create an attorney-client relationship. The author, Jay M. Tyndall, shall not be liable for any damages of any type, whether actual or consequential, which may arise from the use or reliance of any reader on the content of this site or any site to which it links. No guarantee or assurance is made that any information transmitted to or via any unsecure portion of this site will remain confidential.
Copyright ゥ 1997, 2000, 2001 Jay M. Tyndall (Unless Indicated Otherwise)