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Precedential No. 19: TTAB Finds Stitching Design on Jean Pockets Merely Ornamental

By John L. Welch

The Board affirmed "mere ornamentation" refusals of the three alleged marks shown immediately below (each described as a "stitching design on side-by-side pockets") for jeans and other clothing items, finding that the designs fail to function as trademarks. Applicant relied only on the alleged inherent distinctiveness of the designs, without claiming acquired distinctiveness. In re Right-On Co., Ltd., Serial Nos. 79014936, 79014939, and 790150941 (April 16, 2008) [precedential].Examining Attorney Gina M. Fink maintained that the designs are merely ornamental and not inherently distinctive, and would not be perceived as source indicators. [Because the applications were based on Section 66(a), amendment to the Supplemental Register was not available...continue to full post

Full post as published by The TTABlog on April 19, 2008 (boomark / email).