Saturday, February 9, 2013

Think you have a good business name?: Deceptive and deceptively misdescriptive marks clarified.

In my last post, I discussed deceptively misdescriptive marks and how they cannot be registered (unless they have secondary meaning in the minds of consumers). I wanted to add a little bit for more clarity. Deceptive marks can never be registered. All deceptive marks are deceptively misdescriptive. Not all deceptively misdescriptive marks are deceptive.
If the misdescription of the goods concerns a feature that would be relevant to the decision to purchase the goods or use the services, it is deceptively misdescriptive. If the misdescription is more than a relevant factor in purchasing decisions, but it is a material factor in purchasing decisions, it is deceptive. Trademark Manual of Examining Procedure, § 1203.02(c) (October 2012).

If the examiner is unclear about whether a mark is deceptive or deceptively misdescriptive, he or she is told to refuse registration on both grounds. Id.

1 comment:

  1. Totally, the post is really the best on that worthw hile matter.
    I harmonise together with your findings and will definitely impatiently enjoy your incoming updates.
    Saying thanks can not just be enough, for the remarkable quality in your
    writing. I definitely will best away grab your feed to keep
    informed of almost any revisions. Stable work and also much success in your company dealings!
    My website ... קידום עסקים בפייסבוק