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question.jpgIn Trademarks

What is a deceptively misdescriptive mark?

A deceptively misdescriptive mark cannot initially be protected by the trademark laws, nor can it be registered. This is because a deceptively misdescriptive mark misdescribes some character, quality, function or use of the goods and services. However, once a deceptively misdescriptive mark has acquired secondary meaning, the Patent and Trademark Office will allow it to be registered because the acquired secondary meaning establishes that the public will not be and has not actually been deceived or confused.