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Test Your TTAB Judge-Ability: Is This Stylization of "JUMBOZ" Inherently Distinctive?

There was no debate that the mark word "Jumboz" is at least merely descriptive of "processed sunflower seeds." In fact, two years ago the TTAB affirmed a genericness refusal of JUMBOZ for the same goods. [TTABlogged here]. But what about the stylized version shown below? Is it registrable on the Principal Register (with a disclaimer of JUMBOZ?) In other words, is the design inherently distinctive? You be the judge. In re Dakota Natural Foods, Inc., Serial No. 77356614 (October 23, 2009) [not precedential].The test to be applied is set forth in Seabrook Foods, Inc. v. Bar-Well Foods Limited, 568 F.2d 1342, 196 USPQ 289, 291 (CCPA 1977):In determining whether a design is arbitrary or distinctive this court has looked to whether it was a ?common? basic shape or design, whether it was unique or unusual in a particular field, whether it was a mere refinement of a commonly-adopted and well-known form of ornamentation for a particular class of goods viewed by the public as a dress or ornamentation for the goods, or whether it was capable of creating a commercial impression distinct from the accompanying words...continue to full post

Full post as published by The TTABlog on November 10, 2009 (boomark / email).