Skip to content
Trademark Valet

Decisions · 86046590

PrecedentialLandmarkNo later change on its docket

In re Change Wind Corp.

Serial No. 86046590 · Decided 2017-07-20 · Other

What happened

The Board refused Change Wind Corp.'s application to register the three-dimensional shape of its vertical-axis wind turbine — four twisting wings straddling a cone-topped cylindrical tower — for wind turbines and wind-powered electricity generators, because the company’s own utility patent showed the shape is essential to how the turbine works and its sales and advertising evidence did not prove that buyers recognize the shape as a brand.

The marks

Applicant

Three-dimensional product configuration of a wind-powered turbine: four vertically extending turbine wings, obliquely curved in a twisting (helical) manner, straddling a vertically extending cylindrical base that tapers at its upper end into a truncated cone (design-only configuration mark; Section 2(f) claimed)

"Wind turbines; Wind-powered electricity generators" in Class 7

Why this decision is significant

Precedential and regularly cited functionality authority: a utility patent’s specification disclosures (not just its claims) can establish Section 2(e)(5) functionality, and the drawing controls what the mark is — solid-line features count; cited by two decisions in this database.

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

PrecedentialLandmarkNo later change on its docket

Both SMARTLOCK trademark registrations were cancelled

In re Locus Link USA

The Board agreed with the USPTO that the registrations for “evaporative air coolers” were never actually used in commerce because the owner only used SMARTLOCK on connectors/fittings that…

Expungement No. 2022-100137E (Reg. No. 5376467) · 2024-07-01 · SMARTLOCK

PrecedentialLandmarkNo later change on its docket

Both SMARTLOCK trademark registrations were cancelled

In re Locus Link USA

The Board agreed with the USPTO that the registrations for “evaporative air coolers” were never actually used in commerce because the owner only used SMARTLOCK on connectors/fittings that…

Expungement No. 2022-100138E (Reg. No. 5376466) · 2024-07-01 · SMARTLOCK

PrecedentialLandmarkNo later change on its docket

In re MK Diamond Products, Inc.

The Board upheld refusal to register the curved-cut-out shape on the edge of MK Diamond’s circular saw blades as a trademark, finding the curve serves a practical, functional purpose…

86813875 · 2020-07-27 · Product configuration mark consisting of a circular saw blade comprising the curved portion of a repeating slot design around the circumference of the goods (portions shown in broken lines are not part of the mark)

PrecedentialLandmarkNo later change on its docket

In re Olin Corporation

The Board upheld the refusal to register OLIN for industrial chemicals, finding that OLIN is primarily merely a surname and that the applicant did not provide sufficient evidence that the…

86651083 · 2017-09-22 · OLIN

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.

Open this case on TTABVUE, the Board's docket ↗


Who checked this

Not yet reviewed by an attorney. This summary is generated from coded data, and it says so until a lawyer has read it.

Provenance — Generated from database rows without re-reading the opinion.

General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.

← Back to the library