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Decisions · 86464485

PrecedentialLandmarkNot checked

In re Serial Podcast, LLC

Serial No. 86464485 · Decided 2018-03-26 · Other

What happened

The refusal to register Serial Podcast’s color logo mark — the word SERIAL in yellow letters outlined in red, each letter inside a black rounded-corner rectangle — was partially overturned: the color logo as a whole can be registered (with a note that the word SERIAL alone is not protected), with the Board specifically noting that the distinctive yellow-on-red-on-black color scheme, replicated by copycats and parodied on national television, showed the public recognizes the specific color design as pointing to a single source.

The marks

Applicant

SERIAL (word and design: the word 'SERIAL' in yellow letters outlined in red, with each letter placed in a black rectangle with rounded corners; colors red, yellow, and black claimed as features of the mark; white in drawing represents background and is not a feature of the mark)

"entertainment in the nature of an ongoing audio program featuring investigative reporting, interviews, and documentary storytelling" in International Class 41

Why this decision is significant

Establishes that claimed color elements in a composite word+design mark can contribute meaningfully to acquired distinctiveness, and that replication of specific colors by unauthorized copiers is probative that the color scheme itself functions as a source indicator.

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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Who checked this

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