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TTAB Reverses Refusal to Register Cartier Watch Design, Finding 2(f) Evidence Sufficient

The Board reversed a refusal to register the product configuration mark shown immediately below, for watches, finding that Applicant Cartier's evidence was sufficient to establish acquired distinctiveness under Section 2(f). Survey results, a prior court decision, sales figures, media coverage, and Cartier's two prior registrations for similar design convinced the Board of the subject mark's registrability. In re Cartier N.V., Serial No. 77227767 (July 30, 2010) [not precedential].The Board first observed that Cartier's rights "rest on the distinctiveness of the entirety of that design - not merely the sum of the protectability of its individual features." Cartier disclaimed "the Arabic number 12, the three dials on the face of the watch, and the hand on the face and the dials of the watch...continue to full post

Full post as published by The TTABlog on August 04, 2010 (boomark / email).