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In re Nantucket, Inc.

United States Court of Customs and Patent Appeals

677 F.2d 95 (C.C.P.A. 1982)

Relevant factsFree

Nantucket, Inc., a North Carolina men's shirt manufacturer, applied to register the mark NANTUCKET. The PTO denied the application, and the Trademark Trial and Appeal Board (the Board) affirmed on the ground that Nantucket is a real geographic place and Nantucket, Inc.'s shirts weren't made there, making the mark primarily geographically deceptively misdescriptive. Nantucket, Inc. appealed.

IssueFree

Whether trademark registration of a mark can be refused on the ground that the mark is primarily geographically deceptively misdescriptive where the purchasing public would not expect the associated product to have its origin in the geographic area referenced in the mark.

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