Trademark with Geographic designation

//Trademark with Geographic designation

Trademark with Geographic designation

trademark geographyCan a Trademark be pursued using Geography or location in the trademark? No but may be able to register on the Supplemental Register.

The Trademark Office states: A mark is primarily geographically descriptive when the following is demonstrated:
(1) The primary significance of the mark is a generally known geographic place or location;
(2) The goods and/or services for which applicant seeks registration originate in the geographic place identified in the mark; and
(3) Purchasers would be likely to make a goods-place or services-place association; that is, purchasers would be likely to believe that the goods and/or services originate in the geographic place identified in the mark.

TMEP §1210.01(a); see In re Societe Generale des Eaux Minerales de Vittel S.A., 824 F.2d 957, 959, 3 USPQ2d 1450, 1452 (Fed. Cir. 1987); In re Hollywood Lawyers Online, 110 USPQ2d 1852, 1853 (TTAB 2014). If the most prominent meaning or significance of a mark is geographic for the goods in the application, the fact that the mark may have other meanings in other contexts does not alter its geographic significance in the context of the application. See In re Opryland USA Inc., 1 USPQ2d
1409, 1412-13 (TTAB 1986) (holding the mark THE NASHVILLE NETWORK primarily geographically descriptive of television program production and distribution services when finding that the primary significance of the term referred to Nashville, Tennessee and not that of a style of music); In re Cookie Kitchen, Inc., 228 USPQ 873, 874 (TTAB 1986) (noting that where MANHATTAN refers to a type of cocktail and to a geographic location that having an alternative meaning does not alter the mark’s primary geographic significance in the context of the goods in the application); In re Jack’s Hi-Grade Foods, Inc., 226 USPQ 1028, 1029 (TTAB 1985) (noting that where NEAPOLITAN refers to a type of
ice cream and also means “pertaining to Naples, Italy” that having an alternative meaning does not alter the mark’s primary geographic significance in the context of the goods in the application); TMEP §1210.02(b)(i).

2019-04-10T18:33:44+00:00