Geographic term check

How the check works

AI reads the mark for any wording that refers to a place: countries, states and provinces, cities and towns, counties, regions, neighborhoods and streets, rivers, lakes and seas, mountains, landmarks, nicknames such as BIG APPLE or WINDY CITY, geographic adjectives such as TEXAN or NORDIC, abbreviations such as NYC, and historical names. It also catches words with both a geographic and an ordinary meaning, such as PHOENIX or JORDAN, and says which meaning is primary for your goods.

It then runs web searches to confirm each place and whether the place is known for goods or services like yours. Each place it reports must be backed by a page those searches actually returned; links that were not really found are removed. Each result also links to the GeoNames gazetteer, Wikipedia, and a map so you can confirm and cite the place yourself.

The tests

• Primarily geographically descriptive (Section 2(e)(2)): the primary significance is a generally known place, the goods or services come from there, and buyers would associate the goods with the place (presumed when they come from there). Registrable only with acquired distinctiveness (Section 2(f)) or on the Supplemental Register. In a composite mark, the place name is usually disclaimed.
• Primarily geographically deceptively misdescriptive (Section 2(e)(3)): a generally known place, the goods do not come from there, buyers would likely believe they do, and that belief would matter to their decision to buy. Not registrable, even with acquired distinctiveness.
• Wines and spirits (Section 2(a)): a geographic indication naming a place other than the true origin of wine or spirits is barred.
• Obscure or remote places, or terms whose main meaning is not geographic, are usually treated as arbitrary.