What does it mean if my trademark is dismissed for being geopraphically deceptively misdescriptive?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

It means the examiner has determined the mark contains a geographic term that falsely implies the goods or services originate from a specific location when they do not, and that this false implication would be material to consumers' purchasing decisions.

"Paris Star" for clothing not made in France could receive this refusal because the Paris connection implies French manufacturing, which may be a material quality consideration for clothing consumers. The refusal is not that the mark is geographically descriptive; it is that it is geographically misleading in a way that would deceive consumers.

This is a permanent bar to registration on both the Principal and Supplemental Registers; acquired distinctiveness cannot overcome it.

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