Deceptively Misdescriptive Marks Law and Legal Definition
Deceptively misdescriptive marks are marks that incorrectly describe features of the underlying services or goods to which the mark is affixed. Deceptively misdescriptive marks tend to mislead consumers as to the underlying product. However, deceptively misdescriptive marks do not meet the requirements of a deceptive mark such as bad intent or reliance by purchasers upon the misdescription. Deceptively misdescriptive marks can be registered on the Principal Register once they acquire secondary meaning.
Pursuant to 15 USCS § 1052, trademark law prohibits registration of designations that are deceptively misdescriptive of the goods or services to which they are applied. The examining attorney should consider the mark in relation to the applicant's goods or services to determine whether a mark is deceptively misdescriptive.
