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Internet Survey Evidence Contributes to TTAB Reversal of Refusal to Register Shape of Walther PPK Handgun

Rarely does a product configuration mark pass TTAB muster [IIRC, the Baldwin key shape was the last one (here)], but it just happened in In re Carl Walther GmbH, Serial No. 77096523 (October 26, 2010) [not precedential]. The Board reversed a refusal to register the mark shown below for "firearms; pistols; and air soft guns," finding that Applicant Walther had established acquired distinctiveness for the product design under Section 2(f).Walther submitted the results of an on-line survey showing that "over half of the survey participants associated PPK handgun design with a single source and approximately one-third of the participants were able to correctly identify the source." The Board cast aside the Examining Attorney's criticisms of the survey, but pointed out that the survey results alone were not conclusive on the issue of acquired distinctiveness...continue to full post

Full post as published by The TTABlog on October 27, 2010 (boomark / email).