NONREGISTRABILITY OF MISLEADING GEOGRAPHIC INDICATIONS.

SEC. 333. NONREGISTRABILITY OF MISLEADING GEOGRAPHIC INDICATIONS. (a) Marks Not Registrable on the Principal Register.— Section 2 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946, commonly referred to as the Trademark Act of 1946 (15 U.S.C. 1052(e)), is amended— (1) by amending subsection (e) to read as follows: “(e) Consists of a mark which (1) when used on or in connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of them, (2) when used on or in connection with the goods of the applicant is primarily geographically descriptive of them, except as indications of regional origin may be registrable under section 4, (3) when used on or in connection with the goods of the applicant is primarily geographically deceptively misdescriptive of them, or (4) is primarily merely a surname.”; and (2) in subsection (f)— (A) by striking out “and (d)” and inserting “(d), and (e)(3)”; and (B) by adding at the end the following new sentence: “Nothing in this section shall prevent the registration of a mark which, when used on or in connection with the goods of the applicant, is primarily geographically deceptively misdescriptive of them, and which became distinctive of the applicant’s goods in commerce before the date of the enactment of the North American Free Trade Agreement Implementation Act.”. (b) Supplemental Register.— Section 23(a) of the Trademark Act of 1946 (15 U.S.C. 1091(a)) is amended— (1) by striking out “and (d)” and inserting “(d), and (e)(3)”; and (2) by adding at the end the following new sentence: “Nothing in this section shall prevent the registration on the supplemental register of a mark, capable of distinguishing the applicant’s goods or services and not registrable on the principal register under this Act, that is declared to be unregistrable under section 2(e)(3), if such mark has been in lawful use in commerce by the owner thereof, on or in connection with any goods or services, since before the date of the enactment of the North American Free Trade Agreement Implementation Act.”.