Those two grounds are the most common grounds asserted to invalidate trademark rights and are eliminated from a petitioner's arsenal after five years of registration.Some examples of descriptive claims include geographically descriptive, deceptively misdescriptive, or primarily merely a surname.
The reason for the exclusion of these types of international agreements is to avoid complication and complexity if they are included in a single convention with written agreements between States, since the rules governing them differ in certain aspects from the rules governing written agreements between States.
A special convention applicable to agreements between states and international organizations, or between international organizations, namely “the Convention on the Law of Treaties between States and International Organizations or between International Organizations”, was signed in 1986.
Negotiating, formulating, signing and adopting a treaty are subject to the intention and consent of the contracting States.
However, the 1969 Convention on the Law of Treaties provides general rules applicable to the conclusion of treaties, rules regarding the capacity and the competent persons to conclude treaties, the adoption and authentication of the text of treaties, and the adoption of treaties.
However, if the trademark registration is over five years, then it can only be cancelled for one of the specific grounds listed in Section 14 of the Lanham Act.