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"NO BROKEN GLASS" Symbol Fails to Function as a Trademark for Lighting Fixtures, Says TTAB

The Board affirmed a refusal to register the design shown below, for electric lighting fixtures, on the ground that the purported mark, as used by Applicant, would be perceived as merely informational and not as a source indicator. In re Halogen Lighting Products, Serial No. 78426018 (September 29, 2008) [not precedential].Examining Attorney Sandra Manios argued that the specimens of use show the design used in connection with the wording "NO BROKEN GLASS," and thus the design functions only "to inform consumers that applicant's goods contain glass that will not break."specimen of useApplicant argued that the PTO has registered numerous other marks using the international prohibition symbol, and further that the proposed mark "is source indicative by creating an incongruity due to the complex design the broken wine glass [sic] and the relation of the design to Applicant's subject electric lighting fixture goods...continue to full post

Full post as published by The TTABlog on October 30, 2008 (boomark / email).