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Test Your TTAB Judge-Ability on This "Fur Rondy" Jewelry Design

This Applicant sought to register the design shown below for "jewelry, namely, pins, lapel pins and pendant pins." The mark was originally described as a "pin consisting of eskimo (sic) with red snowsuit and peach face, yellow circle, and blue flag with yellow stars." The Examining Attorney refused registration on two grounds: the specimen of use was in black and white, not color, and the proposed mark is merely ornamental and fails to function as a trademark. How would you rule? In re Greater Anchorage, Inc., Serial No. 77561929 (February 14, 2011) [not precedential].Specimen of Use: Because color was claimed as a feature of the mark, Applicant was required to submit a specimen showing use of the colors. Applicant's specimens of use were in black-and white...continue to full post

Full post as published by The TTABlog on March 03, 2011 (boomark / email).