In a decision interpreting Section 2(e)(3) of the Lanham Act (15 U.S.C. '1052(e)(3)), the Federal Circuit Court of Appeals has adopted a new three-part test to be used by the U.S. Patent and Trademark Office (PTO) in determining whether a trademark is “primarily geographically deceptively misdescriptive” (“misdescriptive”).
New Test Determines Primarily Geographically Misdescriptive Marks
In a decision interpreting Section 2(e)(3) of the Lanham Act (15 U.S.C. §1052(e)(3)), the Federal Circuit Court of Appeals has adopted a new three-part test to be used by the U.S. Patent and Trademark Office (PTO) in determining whether a trademark is "primarily geographically deceptively misdescriptive" ("misdescriptive"). <i>In re California Innovations, Inc.,</i> 329 F.3d 1334 (Fed. Cir. 2003). The Federal Circuit held that the amendments to the Lanham Act resulting from the North American Free Trade Agreement (NAFTA) changed the rules under which the PTO may deny registration to misdescriptive marks.
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Judith L. GrubnerThis premium content is locked for The Intellectual Property Strategist subscribers only
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