The U.S. Court of Appeals for the Federal Circuit confirmed the Trademark Trial and Appeal Board's (TTAB) ruling regarding color mark genericness in the PT Medisafe Technologies case. The court supported the TTAB's application of the two-step inquiry to determine whether a mark is generic based on the genus of goods and public perception. The decision reaffirmed the TTAB's approach, highlighted the consistency of the test with precedent, and dismissed Medisafe's arguments against the rejection of its trademark application for the color dark green on chloroprene gloves.
Today, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in In re: PT Medisafe Technologies affirming the Trademark Trial and Appeal Board's (TTAB) application of its test for genericness in color marks.
The TTAB's inquiry properly aligned with Federal Circuit precedent on generic marks and that its finding was supported by substantial evidence, leading to the rejection of Medisafe's challenges.
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