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Trademark Valet

Decisions · 85494703

PrecedentialLandmarkNo later change on its docket

In re Frankish Enterprises Ltd.

Serial No. 85494703 · Decided 2015-02-27 · Other

What happened

Refusals reversed — the fanciful prehistoric-animal monster-truck body was held inherently distinctive trade dress for Frankish’s monster-truck exhibition services, clearing the three-dimensional design for registration.

The marks

Applicant

Three-dimensional truck cab body in the design of a fanciful, prehistoric animal (design mark; dotted lines show position only; color not claimed)

Entertainment services, namely, performing and competing in motor sports events in the nature of monster truck exhibitions (Class 41)

Why this decision is significant

Precedential opinion establishing the framework for inherent distinctiveness of trade dress for services: Two Pesos (not Wal-Mart product-design law) governs service trade dress, applied through the Seabrook factors — reversing both failure-to-function and mutilation refusals for a fanciful 3-D design.

Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.

Related decisions

The original record

Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.

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