1306.05(d) Section 2(e)(2) Does Not Apply to Geographic Certification Marks
Trademark Act §2(e)(2), 15 U.S.C. §1052(e)(2), bars registration of primarily geographically descriptive marks, but specifically excludes from this prohibition those marks that serve as indications of regional origin. Thus, when a mark consists of or includes a geographic designation that functions to certify regional origin, the examining attorney must not refuse registration or require a disclaimer on the basis that the designation is primarily geographically descriptive of the goods or services. See Luxco, Inc. v. Consejo Regulador del Tequila, A.C., 121 USPQ2d 1477, 1482 (TTAB 2017); TMEP §1210.09. However, a requirement to disclaim other matter in the mark may be appropriate. See TMEP §1213.03(b). For instance, for the geographic certification mark WISCONSIN CHEESE, which certifies that cheese products originate in Wisconsin, a disclaimer of the generic term "CHEESE" is appropriate.