If my trademark is rejected for being geographicaly misdescriptive, can I do anything?

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

If your trademark application has received a Section 2(e)(3) refusal for being geographically deceptively misdescriptive, overcoming it will be challenging, but it's not impossible.

Approaches to address this type of office action include:

  • Proving the geographical term is not of primary significance within the mark,
  • Proving there is no significant association between the location and the goods or services,
  • Proving consumers are not likely to be deceived by the geographic term.

Your chances of success depend on multiple factors, starting with your mark and the goods or services you provide. If you've received a Section 2(e)(3) refusal, it's highly advisable to consult a trademark attorney, who can advise on the best course of action and help you craft a compelling response.

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