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Precedential No. 25: TTAB Affirms Refusal of Mark Having a Phantom Element

By John L. Welch

Finding that Applicant Primo Water's proposed mark [shown immediately below] contains a phantom element ("namely, text and graphic material or a combination thereof that are identical but inverted copies of each other"), the Board affirmed a refusal to register the mark under Section 1(a)(1) and Rule 2.52. In re Primo Water Corp., Serial No. 78684820 (April 29, 2008) [precedential].Applicant sought to register, for "bottled drinking water," a mark that it described as follows:The mark consists of the placement and orientation of identical spaced indicia on a water bottle having a handle, namely the placement of indicia on one side of the handle and the placement of identical indicia on the other side of the handle in inverted orientation. The indicia can be text, graphics or a combination of both...continue to full post

Full post as published by The TTABlog on May 06, 2008 (boomark / email).