Exam_Guide_2-14_GeoCert.doc - Examination Guide 2-14 Geographic Certification Marks July 2014 I II BACKGROUND 1 EXAMINATION PROCEDURES 2 A Identifying

Exam_Guide_2-14_GeoCert.doc - Examination Guide 2-14...

This preview shows page 1 - 3 out of 17 pages.

Examination Guide 2-14 Geographic Certification Marks July 2014 I. BACKGROUND 1 II. EXAMINATION PROCEDURES 2 A. Identifying Geographic Certification Mark Applications 2 B. Elements of Geographic Certification Mark Applications 3 1. Certification Statement 3 a. Certification Statement Must Define the Relevant Region 3 b. Certification Statement May Also Refer to Other Characteristics 3 c. Form of Certification Statement 3 2. Certification Standards 4 3. Identification of Goods & Services 4 4. Classification of Goods & Services 4 5. Authority to Control a Geographic Certification Mark 4 6. Specimens of Use 5 C. Mark Must Serve to Certify Geographic Origin 5 D. Section 2(e)(2) Does Not Apply to Geographic Certification Marks 6 E. Geographically Deceptive Marks Not Registrable as Geographic Certification Marks 7 F. Treatment of Geographic Designations That Do Not Certify Regional Origin 7 G. Likelihood-of-Confusion Search and Analysis 7 H. Other Considerations 9 1. Same Mark Not Registrable as a Certification Mark and Another Type of Mark 9 2. American Viticultural Areas 10 3. Certification Marks Containing §2(b) Matter 10 III. EXAMPLES OF GEOGRAPHIC CERTIFICATION MARKS 11 This examination guide addresses the policies and procedures for examining geographic certification marks. Specifically, the guide describes the application requirements for geographic certification marks, explains the analysis for determining whether a mark functions to certify regional origin, discusses the relevant considerations for Section 2(d) likelihood-of-confusion determinations involving geographic certification marks, and provides examples illustrating some of the concepts covered. This guide supersedes any previous USPTO guidance on this topic. I. BACKGROUND A geographic certification mark is a word, name, symbol, device, or some combination of these elements, which certifies that goods or services originate in a particular geographic region. 1 As with any type of certification mark, a geographic certification mark is not used by its owner in the same way a trademark or service mark is. 2 Rather, the owner of a geographic certification mark controls use of the mark by other parties. 3 These parties apply the mark to goods or services to indicate to consumers that the goods or services have been certified as meeting the standards set forth by the certifier. 4 Thus, the goods or services to which a geographic certification mark is applied may emanate from a number of sources comprising various certified producers in the relevant region. 5
Image of page 1
A geographic certification mark may feature a recognized geographic term that identifies the relevant geographic region, 6 as in the marks ROQUEFORT for cheese, 7 DARJEELING for tea, 8 and COLOMBIAN for coffee. 9 Or the mark may contain a variation or abbreviation of a geographic term or a combination of different geographic terms, with or without other matter.
Image of page 2
Image of page 3

You've reached the end of your free preview.

Want to read all 17 pages?

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes