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Precedential No. 1: TTAB Affirms 2(e)(5) Functionality Refusal of Motorcycle Stand Design

In its first precedential decision of 2011, the Board affirmed a Section 2(e)(5) refusal to register the product configuration shown below, finding it to be functional for "motorcycle stands." Alternatively, if not functional, the configuration lacks Section 2(f) acquired distinctiveness. In re Charles N. Van Valkenburgh, Serial No. 77025789 (January 7, 2011) [precedential].Functionality: The Board applied the Morton-Norwich factors, first perusing a utility patent owned by Applicant. The Board found that, although the configuration is not identical to the patented invention, "[t]he proposed mark adopts a significant portion of the invention disclosed in the patent; it is not merely an ornamental, incidental, or arbitrary aspect of the motorcycle stand...continue to full post

Full post as published by The TTABlog on January 13, 2011 (boomark / email).