26
May/03

Fed Circuit on Geographically Misdescriptive Marks


 Federal Circuit case reversing and remanding the Trademark Trial and Appeal Board rejection of a trademark application:  A geographically mis-descriptive mark will be rejected if the PTO shows that mis-descriptiveness was material to the public’s decision to buy the product (which it did not in this case). I might care if my Tillamook Chedder isn’t from Tillamook County.  I might not care if my California Innovations insulated diaper bag is not from California.  In re California Innovations, Inc., 02-1407 (Fed Cir May 22, 2002) (via Finnegans).