WebDeceptive misdecriptive trademarks suggest a component, ingredient or objective that would mislead consumers. For example, an ice cream branded VANILLA SNOW but flavored chocolate might be deemed … Web1210.01(b) Geographically Deceptively Misdescriptive Marks – Test. To support a refusal to register a mark as primarily geographically deceptively misdescriptive under Section 2(e)(3) of the Trademark Act, 15 U.S.C §1052(e)(3), the examining attorney must show that: (1) the primary significance of the mark is a generally known geographic location (see …
The ‘Deceptively Misdescriptiveness’ Rejection - Cartee LC
WebJan 5, 2016 · On the other hand, marks that are deemed functional, deceptive, purely ornamental, generic, or otherwise fail to function as a trademark cannot be registered even with a claim of acquired distinctiveness because they are considered incapable of obtaining secondary meaning. WebApr 6, 2024 · A trademark application will be refused under §2(e)(1) if the mark is deceptively misdescriptive. A mark is deceptively misdescriptive if it falsely … modified olfactory training
TMEP 1212: Acquired Distinctiveness or Secondary Meaning
WebMar 17, 2016 · Specifically, a trademark is unregistrable if it is clearly descriptive or deceptively misdescriptive of: a) the character or quality of the goods or services with which it is associated b) the conditions of production of the goods or services c) the persons employed in the production of the goods or services, or WebTMEP 1210.01 (b): Geographically Deceptively Misdescriptive Marks – Test, Oct. 2024 Ed. (BitLaw) back BitLaw Search Guidance back Guidance Index Patent Guidance … WebTrademark is merely descriptive or deceptively misdescriptive. If the USPTO feels that your proposed trademark is primarily geographically descriptive or primarily geographically deceptively misdescriptive, then your trademark application will be typically refused. However, this refusal may be overcome by a showing of acquired distinctiveness. modified oligos