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TTAB Reverses Refusal to Register Weldebrau Beer Bottle Design, Finding it Inherently Distinctive

Applying the CCPA's Seabrook test for product packaging, the Board reversed a refusal to register the bottle design shown below as a trademark for beers and other beverages, finding the design to be inherently distinctive. It ruled that the design is not a "common" basic shape, that it is "unique and unusual" in its field, that it is not a mere refinement of commonly-adopted trade dress, and that consumers would perceive and rely on the bottle design as an indicator of source. In re Weldebräu GmbH & Co. KG, Serial No. 79056290 (December 13, 2010) [not precedential].The subject application was filed under Section 66(a) without any allegation of use. The Examining Attorney maintained that the design is "nondistinctive trade dress that does not function as a trademark pursuant to Section 1, 2, and 45 of the Trademark Act...continue to full post

Full post as published by The TTABlog on December 31, 2010 (boomark / email).