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Precedential No. 24: TTAB Finds Another Motorola "Chirp" Sound Unregistrable

In February 2008, the Board sustained Nextel's opposition to Motorola's application to register a 911 hertz chirp sound as a trademark for two-way radios, finding that the sound fails to function as a trademark. (TTABlogged here). Nextel and Motorola returned to the TTAB in an opposition to Motorola's 1800Hz chirp sound (listen here) for "cellular telephones and two-way radios," and Motorola lost again: on the ground of claim preclusion as to two-way radios, and as to cell phones on the ground that mark is not inherently distinctive (as a matter of law) and has not acquired distinctiveness. Nextel Communications, Inc. v. Motorola, Inc., Opposition No. 91164353 (June 12, 2009) [precedential].Motorola's iDEN-equipped cellular phones have a two-way radio feature, referred to as "push-to-talk" or "walkie-talkie" capability...continue to full post

Full post as published by The TTABlog on June 19, 2009 (boomark / email).