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Primarily geographically descriptive trademark

18/3/19 Primarily geographically descriptive trademark

Primarily geographically descriptive trademark is a trademark that conveys to the consumer a geographical connotation primarily or immediately.
If there is a chance that the consumer would believe that the goods or services come from one location, and that location is in fact the geographic origin of the underlying goods or services, then the mark is primarily geographically descriptive. Such goods can be registered if the mark owner can demonstrate secondary meaning.
However, if the geographic term is not the origin of the goods or services, and the owner of the mark intended to deceive consumers with regard to geographic origin mark, or if the mark falsely induces purchasing decisions, then the mark will be geographically deceptive. Such marks cannot be protected.

For instance, PERRY NEW YORK and design of the New York City skyline, used in view of the renown of the New York City apparel industry, were once held deceptive for clothing originating in North Carolina.

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