Results for trade dress

In re Slokevage

Case Number: CLB0141

Issue of whether trade dress constitutes product design presents question of fact, since it is akin to factual determinations addressing whether trademark is inherently distinctive or whether mark is descriptive, in that examination of product packaging and design involves similar inquiry into consumer’s ability to equate product with source, and thus Trademark Trial and Appeal Board’s finding on product design issue will be affirmed if supported by substantial evidence; inquiry into whether mark is unitary is also factual determination

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In re Pacer Technology

Case Number: CLB0023

Date: 08.04.2003

Prima facie case of no inherent distictiveness of a mark as a source identifier does not require the USPTO to show that similar marks or configurations are actually in use in the relevant market.

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