TTABlog Collection of Section 2(e)(2) "Primarily Geographically Descriptive" Cases
I've been writing a response to a Section 2(e)(2) refusal, and I thought it would be useful for me and others to compile a list of TTABlog postings on the issue. The great majority of the decisions are not precedential, but even non-precedential decisions may be helpful in framing effective arguments and locating precedential support for them.
For a mark to be deemed primarily geographically descriptive under Section 2(e)(2), it must be shown that (1) the mark's primary significance is a generally known geographic location; (2) the relevant public would be likely to make a goods/place association, that is, would be likely to believe that the goods originate in the place named in the mark; and (3) the goods do originate in that place. When the goods do come from the location named, then a goods/place association may be presumed.
Marks found to be primarily geographically descriptive under Section 2(e)(2):
- TTAB Affirms Geographical Descriptiveness Refusal of NEWBRIDGE HOME for Household Goods
- TTAB Affirms Section 2(e)(2) Geographical Descriptiveness Refusal of PITTSBURGH GLASS WORKS for Glass
- TTAB Affirms 2(e)(2) Refusal of "THE MUNICH & Design" for Business Services Without a Disclaimer of MUNICH
- TTAB Finds FIRE ISLAND Primarily Geographically Descriptive of Beer
- NORTH AMERICAN RANGE Primarily Geographically Descriptive of Beef, Says TTAB
- TTAB Affirms 2(e)(2) Refusal of EAST COAST for Vehicle Towing Services
- WYHA? TTAB Finds CALIFORNIA GREEN CLEAN Primarily Geographically Descriptive of Janitorial Services
- TTAB Finds "ROC USA" to be Primarily Geographically Descriptive but Registrable Under Section 2(f)
- TTAB Affirms 2(e)(2) Geographical Descriptiveness Refusal of "US PATIENT REGISTRY" for Medical Information Database
- TTAB Sustains Nike's Section 2(e)(2) Opposition to "B-MORE" for Clothing
- "CHÊNE DES DOMAINES DE FRANCE" Geographically Descriptive of Wood from France, Knot Registrable, Says TTAB
- Precedential No. 4: TTAB Affirms Triple Refusal of "NORMANDIE CAMEMBERT" for Cheese
- "AMERICAN MASALA" Geographically Descriptive of Food Products, Says TTAB
- Precedential No. 66: TTAB Finds "YOSEMITE BEER" Geographically Descriptive, Affirms 2(e)(2) Refusal
- TTAB Affirms 2(e)(2) Refusal of "CONFERENCE AMERICA" as Geographically Descriptive
- TTAB Squashes "NEW YORK CURRANTS," Finding It Primarily Geographically Descriptive
- Citable No. 33: TTAB Affirms 2(e)(2) Refusal of "BAIKALSKAYA" as Geographically Descriptive of Vodka
- TTAB Okays "SWISSAIRE" Drawing But Affirms 2(e)(2) Refusal
Marks found not to be primarily geographically descriptive under Section 2(e)(2):
- Test Your TTAB Judge-Ability: Is TINSELTOWN Geographically Descriptive of Clothing from Hollywood?
- Test Your TTAB Judge-Ability: Is "MDF IT & Design" Primarily Geographically Descriptive of Furniture?
- "METRO LIVING & Design" Not Descriptive of Real Estate Brokerage Services, Says TTAB
- Reversing a 2(e)(2) Geographical Descriptiveness Refusal, TTAB Asks, Where The Heck Is WINDHOEK?
- Test Your TTAB Judge-Ability: Is This "HOT SPRINGS NATIONAL PARK ARKANSAS" Logo Primarily Geographically Descriptive?
- TTAB Reverses Section 2(e)(2) Refusal of "CATALINA ISLAND GRANOLA": Goods/Place Association Lacking
- Finding "BELL HILL" for Wine and "BELL'S" for Beer Too Dissimilar, TTAB Dismisses 2(d) Opposition
- Finding Double Entendre, TTAB Reverses 2(e)(2) Refusal of "PROFUMO DE FIRENZE" for Perfume
- Precedential No. 14: TTAB Finds "THE MONTECITO DIET" Not Primarily Geographically Descriptive of Diet Publications
- "ROMANTIC ROAD" 2(e)(2) Cancellation Proceeding Hits Dead End: Summary Judgment to Registrant
- Citable No. 40: TTAB Finds "BALASHI" Not Primarily Geographically Descriptive of Beer