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Bottom line: The Board found that “P3D (standard character)” has inherent distinctiveness for 3D measuring machines, etc. in Class 9.

The applicant filed a trademark application for “P3D” as a standard character mark with respect to 3D measuring machines, etc. in Class 9.  The Examiner refused the mark as it consists solely of a very simple and common mark, i.e. the applied-for mark is composed of a combination of 2 alphabet letters and 1 numeral and such combination is commonly used as an item code or a model number.

The Board recognized that the applied-for mark can function as a source identifier.  More particularly, the Board found that:

-　The mark “P3D” is unified as a whole.
-　The board did not ex officio find any commercial custom that a combination of an alphabet, a numeral and an alphabet in this order is used as an item code or a model number in the industry of the measuring device.
-　Thus, the mark is capable of distinguishing the origin of goods.

And so the Board reversed the refusal, and the application for “P3D (standard character)” was granted for registration.

 

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