R. Griffith "Griff" Thomas, Editor-in-Chief of
Allen's Trademark Digest, has filed the following
report regarding the recent TTAB oral hearing in In re WCM
Industries, Inc.
On Tuesday, January 14, 2020, the Board conducted a live oral
hearing at the United States Patent and Trademark Office in the
East Wing of the Madison Building, in Alexandria, Virginia. The
TTAB heard arguments in In re WCM Industries, Inc, S.N.
87555014, involving WCM Industries, Inc.'s (WCM) application to
register a three-dimensional product configuration of a bathtub
overflow drain cap for "Plumbing products, namely, a bathtub
overflow drain cap" in International Class 11.
Trademark Examining Attorney Heather A. Sales had refused
registration under Trademark Act Section 2(e)(5) because the mark
was found to be functional, and also under Sections 1, 2, and 45
because the product design was nondistinctive. WCM Section 2(f)
evidence of acquired distinctiveness was found insufficient.
