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Precedential No. 28: TTAB Affirms 2(e)(5) Functionality Refusal of Bicycle Spoke Design

After an exhaustive analysis, including a review of several pertinent utility patents, the Board affirmed a Section 2(e)(5) refusal of the product configuration mark shown below for "bicycle wheels," finding the design to be functional. In re Rolf Dietrich, Serial No. 78723912 (July 16, 2009) [precedential].Applicant Dietrich described his alleged mark as follows:The mark consists of a spoke pattern in a bicycle wheel comprising a hub, shown in phantom lines in the center of the drawing, and a rim, shown in phantom line around the perimeter of the drawing, as viewed from the side along the axis of rotation of the wheel. The spoke pattern appears to consist of a first set of pairs and a second set of pairs of parallel spokes that are spaced apart, wherein each pair of spokes from the first set appears to intersect an adjacent pair of spokes from the second set to define diamond shaped regions between the rim and the hub of the wheel...continue to full post

Full post as published by The TTABlog on July 20, 2009 (boomark / email).