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Deceptive Trademarks

Smith Hopen Intellectual Property Term Glossary Definition for Deceptive Trademarks
Deceptive misdecriptive trademarks suggest a component, ingredient or objective that would mislead consumers. For example, an ice cream branded VANILLA SNOW but flavored chocolate might be deemed deceptive. Misdescriptive marks are not “deceptively misdescriptive” unless there is some element of deception. Thus, if VANILLA SNOW was used for a paint primer there would be no deception since a reasonable consumer would not think the primer would taste like vanilla.


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