TMEP 1210.01(a): Geographically Descriptive Marks – Test

This is the October 2015 Edition of the TMEP

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1210.01(a)    Geographically Descriptive Marks – Test

To establish a prima facie case for refusal to register a mark as primarily geographically descriptive, the examining attorney must show that:

  • (1) the primary significance of the mark is a generally known geographic location (see TMEP §§1210.02–1210.02(b)(iv));
  • (2) the goods or services originate in the place identified in the mark (see TMEP §1210.03); and
  • (3) purchasers would be likely to believe that the goods or services originate in the geographic place identified in the mark (see TMEP §§1210.04–1210.04(d)). Note: If the mark is remote or obscure, the public is unlikely to make a goods/place or services/place association (see TMEP §1210.04(c)).