The USPTO has dismissed my trademark for being geographically descriptive. What should I do?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

If you've received a Section 2(e)(2) trademark refusal from the USPTIO due to your mark being geographically descriptive of the origin of your goods or services, you can consider the following options:

  • Proving the term identifying an actual geographical location is not of primary significance within your mark,
  • Proving there is no significant association between the location and your goods/services, meaning purchasers wouldn't be likely to believe the goods/services originate in the said location,
  • Proving purchasers are not likely to be deceived by the geographic term,
  • Amending the application and leave out the geographical element,
  • Seeking registration on the Supplemental Register instead of the Principal Register, which offers a lower level of legal protection but might be more attainable.

Section 2(e)(2) refusals belong to office actions that are difficult to overcome. If you've received one, it's advisable to consult a trademark attorney who can go through your options with you, help you gather supporting evidence if necessary and craft a compelling response.

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