Rocker Switch Actuator Configurations Lack Acquired Distinctiveness, Says TTAB

The Board affirmed refusals to register the two product configuration marks shown below (claimed design shown in solid lines), for ""actuators for rocker switches," on the ground that Applicant Carling Technologies failed to prove that the designs had acquired distinctiveness under Section 2(f). Although Carling's design patent ensured exclusive use of the designs for fourteen years (2002-2016), the Board pointed out that long and exclusive use of a proposed mark does not necessarily mean that acquired distinctiveness has been attained. In re Carling Technologies, Inc., Serial Nos. 88279409 and 88279448 (January 8, 2021) [not precedential] (Opinion by Judge Christopher Larkin).