Geographic Refusals
A trademark may be refused registration if the mark is primarily geographically descriptive or deceptively misdescriptive.
The test for a primarily geographically descriptive mark is:
(1) the primary significance of the mark is geographic
(2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark
(3) the mark identifies the geographic origin of the goods or services
The test for deceptively misdescriptive is:
(1) the primary significance of the mark is geographic
(2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark
(3) the goods or services do notoriginate in the place identified in the mark