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and so with respect to exclusions lets start by talking about so-called deceptive matters and that takes us to the in ray budge manufacturing case and so here we have a refusal to register the mark lovey lamb for automotive seat covers the reason being that the trademark trial and appeal board consu concludes that lamb is deceptive because the term lamb suggests that these goods are derived from animal products but the goods themselves are actually synthetic they do not in fact have animal products in the seat cover and the standard for determining whether or not a mark is deceptive is to ask first is the term misdescriptive of the character quality function composition or use of the goods if so are prospective purchasers likely to actually believe that the misdescription describes the goods if so is the missed description likely to affect the decision to purchase and so what is the work being done by these requirements right the first one is the term misdescriptive of the character
