What is Section 2(e)(2) Refusal - Primarily Geographically Descriptive?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

A Section 2(e)(2) refusal is issued when the USPTO determines the applied-for mark is primarily geographically descriptive of the origin of the goods or services. The mark identifies a real geographic location, that location is of primary significance in the mark, and consumers would understand the mark to indicate the geographic origin of the goods.

"Alaska Salmon" for salmon from Alaska, or "Champagne" for sparkling wine from the Champagne region of France, are examples. The geographic term describes where the product comes from rather than identifying a single commercial source.

Unlike Section 2(e)(3), a primarily geographically descriptive mark can potentially be registered on the Supplemental Register, or on the Principal Register if acquired distinctiveness is demonstrated.

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