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TTAB Affirms Failure-to-Function Refusal of DAP Background Design

The Board agreed with Examining Attorney Ramona Ortiga Palmer that the purported mark shown below is a nondistinctive background design that does not function as a trademark for Applicant's "adhesives for household purposes." Applicant DAP did not seek registration under Section 2(f), and so the Board affirmed the refusal. In re DAP Brands Company, Serial No. 77116207 (August 30, 2010)[not precedential].The Board began by addressing a dispute over Applicant's description of the mark (set out below), but the Board found it acceptable:The mark consists of a black band extending across the upper portion of the packaging for the goods. The black band has upper and lower edges which extend in straight lines between straight side edges, but the lower edge extends downwardly from left to right away from the upper edge...continue to full post

Full post as published by The TTABlog on September 03, 2010 (boomark / email).