Shot in the Dark - the PPK Design Trademark


I found Fig. 1 (from what I am sure was a very valuable patent, although I could not locate it) to be very fitting for this post. After three and half years, four Office Actions, a Petition to the Director and finally an appeal, our client’s product configuration mark for the PPK handgun design (below) will finally take its place on the Principal Register.

Although the design mark application originally faced a functionality refusal as well, the only issue on appeal was whether applicant had established that the PPK design had acquired distinctiveness. Despite the Board’s less than favorable track record with product configuration marks (the TTABlog noted two reversals in the last four years), the Board reversed the registration refusal for the PPK design mark, finding the applicant had proven acquired distinctiveness in the design. In re Carl Walther GmbH, Serial No. 77906523 (Oct. 26, 2010).

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Winthrop & Weinstine, P.A. | Attorney Advertising

Written by:


Winthrop & Weinstine, P.A. on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.