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)).