TTAB clarifies test for deceptiveness in registration context

United States of America

In a precedential decision in In re Tapco International Corporation, the Trademark Trial and Appeal Board recently clarified the test for determining whether a mark is deceptive. The term must be misdescriptive of the character, quality, function, composition or use of the goods, purchasers must be likely to believe that the misdescription actually describes the goods and the misdescription must be likely to affect the purchasing decision of a significant portion of the relevant consumers.

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