Functionality Can Bar Registration Of A Single-Color Trademark

The Trademark Trial and Appeal Board (TTAB) saw green when an applicant tried to register a particular shade of green (Pantone 2297C) on the Supplemental Register (for descriptive marks capable of designating the source of a product or service) as a trademark applied to the legs of a “construction and surveyor tripod.” 

The TTAB affirmed the Examining Attorney’s determination that the single color was functional. As such, the proposed mark was not capable of designating source and could not be registered on either the Principal or Supplemental Register even though the Applicant claimed to have used the mark for about 5 years before the filing date of its application.

Background for finding a mark is functional