A view to a trademark – Gun manufacturer turns to 007 for help

Description

Abstract: When a gun manufacturer filed an application for a trademark on the product configuration design of certain firearms, the trademark examiner rejected the registration on the grounds that the design wasn’t inherently distinctive — and the examiner wasn’t persuaded by the manufacturer’s argument that the handgun design had acquired distinctiveness. The manufacturer appealed to the Trademark Trial and Appeal Board (TTAB), citing evidence of distinctiveness in the public’s mind, including widespread recognition of the product’s use in the popular James Bond movies. This article looks at the TTAB’s decision. In re Carl Walther GmbH, No. 77096523, Oct. 26, 2010 (T.T.A.B.)