The TTAB affirmed a refusal to register the packaging design
shown below, for "socks," finding the design to be
generic for the goods because consumers would primarily regard the
design as a common type of packaging rather than as a source
indicator. The Board also considered and rejected Applicant Odd
Sox's alternative claim of inherent distinctiveness. (Odd Sox
did not contend that the design had acquired distinctiveness.) In re Odd Sox LLC, 2019 USPQ2d 370879
(TTAB 2019) [precedential] (Opinion by Judge Karen Kuhlke).
The subject application described the alleged mark as a
"three-dimensional configuration of product packaging for
displaying a single pair of socks hanging side by side." The
socks, two fasteners, and the hook are shown in dashed lines and
are not part of the mark.
