Decisions · 86433989
In re Construction Research & Technology GmbH
Serial No. 86433989 · Decided 2017-05-17 · Other
What happened
The Board affirmed the refusal to register NP - - - for joint sealant compounds because the trailing dashes stand in for up to three changing digits, so the application really tried to claim more than a thousand different possible marks instead of the single mark an application is allowed to cover.
The marks
Applicant
NP - - -
"sealant compounds for joints" in International Class 17
Why this decision is significant
Precedential holding that a product-grade mark with a variable numeric suffix (‘- - -’ standing in for up to three digits) is an impermissible phantom mark even though facially capped — more than a thousand permutations exceed the single mark an application may claim. Shared rating with companion SL - - -.
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.
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