In In re Phillips-Van Heusen Corp., the Trademark Trial and Appeal Board affirmed an Examining Attorney's refusal to register the trademark SUPER SILK on the ground that the mark is deceptively misdescriptive of applicant's goods and comprises deceptive matter. Applicant had sought to register the SUPER SILK mark in connection with "clothing, namely dress shirts and sport shirts made of silk-like fabric."

The Board first noted that the SUPER SILK mark is misdescriptive, rather than suggestive, since it describes an excellent, first-rate or superior quality of silk fabric, when, in fact, applicant's goods are not made from silk. The Board concluded that, since consumers would likely believe that applicant's products are made from silk, the SUPER SILK mark is "deceptively misdescriptive" and registration is barred. Third-party registrations of the terms SILK, SUEDE or SATIN, which were submitted by applicant, were not deemed relevant, since the registrations covered goods made from the material identified in the mark. The Board further held the SUPER SILK mark to be "deceptive" under Section 2(a) of the Lanham Act, noting that the many desirable attributes of silk made it likely that the SUPER SILK mark would affect consumers' decision to purchase the goods.

Lastly, the Board held that any deception caused by the mark must be determined from an assessment of the mark standing alone and is not mitigated by the fact that applicant's goods carry labels identifying the synthetic nature of the fiber from which the goods are made.