Updated TTABlog Collection of Section 2(e)(2) "Primarily Geographically Descriptive" Cases

Here's an updated, lengthy list of Section 2(e)(2) geographical descriptiveness cases. These are much more common than Section 2(e)(3) refusals, perhaps because the former is more easily established since it is not necessary to prove the materiality of the misrepresentation. The great majority of the decisions are not precedential, but even non-precedential decisions may be helpful in framing effective arguments and locating precedential support for them.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):

• AMERICAN VETERINARY NURSES ASSOCIATION Geographically Descriptive of Veterinary Services, Says TTAB
• TTAB Sustains Opposition to SCOTTSDALE TAXI: Geographically Descriptive and Lacks Acquired Distinctiveness
• TTAB Affirms Geographical Descriptiveness Refusal of LEIPER'S FORK DISTILLERY for Clothing
• TTAB Affirms Section 2(e)(2) Refusal of LAUGHLIN RANCH: Geographically Descriptive of Golf Courses and Spas
• TTAB Test: Is DEEP SOUTH Geographically Descriptive of Movie Studio Services? [Yes]
• TTAB Test: Is MERSIN (Turkey) Primarily Merely Geographically Descriptive of Cheese? [Yes]
• WYHA?: "STRETCH LA" Geographically Descriptive of Therapeutic Stretching Services, Says TTAB
• TTAB Finds CAROLINA'S SUMMER HUMMER Geographically Descriptive of Alcoholic Beverages
• TTAB Denies Request for Reconsideration of REDNECK RIVIERA Decision
• TTAB Test: Is REDNECK RIVIERA Geographically Descriptive of Entertainment Services? [Yes]
• Precedential No. 22: TTAB Affirms Geographical Descriptiveness Refusal of HOLLYWOOD LAWYERS ONLINE for Online Referral Services
• TTAB Sustains Opposition to LAGUNA CANDLES: Geographically Descriptive of Candles
• Test Your TTAB Judge-Ability: Is ACHOUFFE Primarily Geographically Descriptive of Beer? [Yes]
• 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):

• Precedential No. 3: TTAB Reverses Section 2(e)(2) Geographical Descriptiveness Refusal of BA BEEF for Beef
• TTAB Reverses Disclaimer Requirement: ANAHEIM Not Geographically Descriptive of Clothing
• Twin TTAB Test: Is ALLEN HOTEL Confusable With ETHAN ALLEN for Lodging Services? Is it Geographically Descriptive? [Yes]
• TTAB Test: Is EAST END Geographically Descriptive of a Houston Applicant's Alcoholic Beverages? [No]
• TTAB Affirms Rejection of New Drawing, Reverses Geographical Refusal of OAK PARK Design Mark for Beer
• "BJNI" Not Geographically Descriptive of Mineral Waters, Says TTAB
• TTAB Reverses Geographical Descriptiveness Refusal of "CASS PARK VILLAGE"
• SUGARLANDS DISTILLING COMPANY Not Geographically Descriptive of Moonshine, But Confusable with SUGARLAND CELLARS for Wine
• CAFC Reverses TTAB: NEWBRIDGE HOME Not Geographically Descriptive of Cutlery
• Test Your TTAB Judge-Ability: Is BOATS DIRECT USA Geographically Descriptive of Boat Dealerships? [No]
• Test Your TTAB Judge-Ability: Is ASHBURN Geographically Descriptive of Blankets?
• TTAB Reverses 2(e)(2) Refusal: KAPALUA Not Geographically Descriptive of Retail Store Services
• Test Your TTAB Judge-Ability: Is TINSELTOWN Geographically Descriptive of Clothing from Hollywood? [No]
• Test Your TTAB Judge-Ability: Is "MDF IT & Design" Primarily Geographically Descriptive of Furniture? [No]
• "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? [No]
• 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

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Text Copyright John L. Welch 2019.