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Deceptively Misdescriptive Mark Standard:

1. The mark is misdescriptive of the goods or services in relation to which it is used.
2. Consumers would be likely to believe the misdescription.
3. The misdescription would likely affect consumers' decision to buy the goods or services.

Deceptive [§1052(a)] vs. Deceptively misdescriptive [§1052(e)]
• (a) is a permanent bar to registration
• (e) may act as a temporary bar ; the mark may become distinctive
  

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