'JPK Paris 75' Mark With No Connection To Paris Is Geographically Misdescriptive

摘要

The trademark "JPK Paris" for goods whose only connection with Paris was that the designer of the goods once lived there is primarily geographically deceptively misdescriptive, and thus not eligible for registration under Section 2(e)(3) of the Lanham Act, the U.S. Court of Appeals for the Federal Circuit held Oct. 4 (In re Miracle Tuesday LLC, Fed. Cir., No. 2011-1373, 10/4/12). The court said that in order to overcome a refusal to register under Section 2(e)(3), 15 U.S.C. § 1052(e)(3), an applicant must show a strong connection between its goods and the geographic origin included in the mark.