T.M.E.P. § 1210.09
Geographic Certification Marks
Executive summary:
This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.
For more information on trademark law, please see the Trademark Section of BitLaw.
Previous Section (§1210.08) | Next Section (§1211)
1210.09 Geographic Certification Marks
Under certain circumstances the name of the place from which goods or services originate may function as a certification mark. When geographic terms are used to certify regional origin (e.g. "Idaho" used to certify that potatoes are grown in Idaho), registration of certification marks should not be refused and, in applications to register composite certification marks, disclaimers of these geographic terms should not be required on the ground of geographical descriptiveness. See TMEP §§1306.02 et seq. concerning procedures for registration of certification marks that certify regional origin.
When a geographical term used in a composite certification mark is not used to certify regional origin (e.g., "California" used to certify that fruit is organically grown), appropriate refusals pursuant to §§2(e)(2), 2(e)(3) or 2(a) should be made.