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What is Section 2(e)(3) Refusal - Geographically Deceptively Misdescriptive?

Written by Jan Buza

Co-founder of Trama

A Section 2(e)(3) refusal is issued when the USPTO determines the applied-for mark is geographically deceptively misdescriptive: it contains a geographic term that falsely implies the goods originate from a particular location when they do not, and consumers would consider that geographic origin to be a material characteristic of the goods.

"True Tuscan" for olive oil not produced in Tuscany, or "Paris Star" for clothing not made in France, are examples. The mark implies a geographic origin that is both false and material; consumers who care about Tuscan olive oil or French fashion would be misled.

A Section 2(e)(3) refusal is significantly harder to overcome than a Section 2(e)(2) refusal and cannot be resolved through acquired distinctiveness. Once a mark is determined to be geographically deceptively misdescriptive, it is permanently unregistrable on either register.

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