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United States Court of Appeals for the Federal Circuit - 329 F.3d 1334
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CA Innovations appealed against the Trademark Trial and Appeal Board's refusal to register its mark, CALIFORNIA INNOVATIONS, citing section 2(e)(3) of the Lanham Act. The Board concluded that the mark was primarily geographically deceptively misdescriptive. However, the court vacated the Board's decision and remanded the case because the Board applied an outdated standard in its analysis under § 1052(e)(3). The NAFTA Implementation Act in 1993 has recently changed the categories of geographic marks, eliminating the distinction between geographically deceptive marks and primarily geographically deceptively misdescriptive marks. Geographically deceptive and geographically deceptively misdescriptive marks are permanently denied registration, and the analysis for primarily geographically deceptively misdescriptive marks focuses on deception or fraud on the consumer. The NAFTA Act elevated the standards for identifying deceptive marks by placing geographically deceptively misdescriptive marks under subsection (e)(3) in the same fatal circumstances as deceptive marks under subsection (a).
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