Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Test Your TTAB Judge-Ability: Two 2(e)(3) Refusals for Your Perusal

There are three elements to a "primarily geographically deceptively misdescriptive" refusal under Section 2(e)(3): the mark refers primarily to a generally-known geographical location; the relevant public would likely believe that the goods or services originate from that location, when they do not; and the misrepresentation must be material to the purchasing decision. In re Jonathan Drew, Inc. d/b/a Drew Estate (January 28, 2011) [precedential]. [TTABlogged here]. How would you apply the test to these marks: LONDON SOHO NEW YORK for cosmetic bags; and JPK PARIS 75 & Design for "sunglasses; wallets, handbags and purses, travel bags, suitcases; belts, shoes, sunglasses; wallets, handbags and purses, travel bags, suitcases; belts, shoes?"In re Conair Corporation, Serial No...continue to full post

Full post as published by The TTABlog on February 14, 2011 (boomark / email).