Geographically Deceptively Misdescriptive Marks
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- 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.
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