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.
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.
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