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Finding Acquired Distinctiveness and Substantial Exclusivity Lacking, TTAB Cancels Registration for the Color Gold for Fluorescent Lamps

By John L. Welch

In a rare "color" case, the Board granted the consolidated petitions of three companies for cancellation of the registration for a mark comprising the single color gold applied to the end caps of fluorescent lamps. It ruled that the subject mark had not acquired distinctiveness under Section 2(f) and that Respondent's use of the mark had not been substantially exclusive. H & H Indus. Inc. v. LTG, Ltd., Cancellations Nos. 92042050, 92042382, and 92042496 (January 11, 2008) [not precedential].The Petitioners contended that Respondent "has not enjoyed substantially exclusive use of the color gold due both to petitioners' use of the identical designation on the end caps of various types of fluorescent lamps as well as third-party use of the identical or similar designations therefor...continue to full post

Full post as published by The TTABlog on January 25, 2008 (boomark / email).