Decisions · 86813875
In re MK Diamond Products, Inc.
Serial No. 86813875 · Decided 2020-07-27 · Other
What happened
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 (cooling and stress relief) rather than identifying source, and separately finding the applicant’s evidence did not show consumers had come to see that shape as a brand identifier.
The marks
Applicant
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)
"Circular saw blades for power operated saws," in International Class 7, sought under Section 2(f)
Why this decision is significant
Precedential TTAB decision providing a detailed, frequently-cited application of the Inwood/TrafFix/Morton-Norwich functionality framework and the heightened acquired-distinctiveness burden for product-configuration marks, including analysis of analogous (non-identical-shape) patent evidence and ‘look-for’ advertising requirements.
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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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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