Deceptive Mark (IP & Technology Glossary)

Summary

15 U.S.C. § 1052(a) prohibits, among other things, registration of a mark that consists of or comprises deceptive matter. The Federal Circuit has articulated the following test for determining whether a mark consists of or comprises deceptive matter: (1) Is the term misdescriptive of the character, quality, function, composition, or use of the goods?; (2) If so, are prospective purchasers likely to believe that the misdescription actually describes the goods?; (3) If so, is the misdescription likely to affect the decision to purchase?