TTAB Test: Which One of these Three Refusals Was Reversed?

Here are three decisions issued on Friday, September 11th. Two involve product shapes or features, and the third a telephone number. One refusal was reversed. How would you decide them? [Correct answer in first comment].



In re Foamation Inc.., Serial No. 85690391 (September 11, 2015) [not precedential]. [Refusal to register the mark shown below, comprising "the color yellow/gold and a pattern of pock marks which are circular or oval-shaped depressions applied to the entire circular or oval-shaped depressions applied to the entire surface of the goods in a manner evoking the appearance of cheese," for, inter alia, hats, ties, and belts, on the ground that the mark forms part of the shape of the products and therefore cannot be registered on the Principal Register without proof of acquired distinctiveness].

In re Michelin North America, Inc., Serial No. 85077031 (September 11, 2015) [not precedential]. [Refusal to register the mark 1-800-TIRE-911 for vehicle tire repair services and roadside assistance services, on the ground that the mark fails to function as a service mark: i.e., the mark is merely informational and would not be seen as an indicator of source but merely as the means by which customers can contact Applicant].

In re Paul Adam’s Trademarks and Patents LLC, Serial No. 85851688 (September 11, 2015) [not precedential]. [Functionality refusal of the product configuration shown below (in three views) for "multi-use stone retaining wall blocks," the mark comprising "a three-dimensional configuration of a stone retaining wall block having a top side that features three horizontal grooves, one vertical groove, and angled grooves at each corner and each side having a center vertical groove, a vertical groove adjacent to one of the angled grooves at one of the corners, and a vertical groove adjacent to the other one of the angled grooves at the other one of the corners"].

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Text Copyright John L. Welch 2015..