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Trademark Valet

Decisions · 87213400

PrecedentialLandmarkNo later change on its docket

In re Dimarzio, Inc.

Serial No. 87213400 · Decided 2021-12-03 · Other

What happened

The Board upheld the refusal to register the color cream, applied to the entire surface of an electronic guitar pickup, because the applicant failed to prove that consumers have come to see that color as identifying its products specifically, especially given that many other manufacturers also sell cream-colored guitar pickups.

The marks

Applicant

the color cream (single-color mark; description: "the distinctive color cream applied to the entire surface of the goods, which are a three-dimensional configuration of an electronic sound pickup for guitars featuring a double coil design. The broken lines depicting the overall shapes of the pickup, indicating placement of the mark on the goods and are not part of the mark.")

"electronic sound pickup[s] for guitars," in International Class 9

Why this decision is significant

Precedential TTAB decision applying the Converse six-factor secondary-meaning test in depth to a single-color product mark, with detailed treatment of non-probative configuration-related declarations/enforcement evidence, shade-comparison analysis, and the brief page-limit/double-spacing objection; frequently useful for future color-mark and acquired-distinctiveness analysis.

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.

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


Who checked this

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

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