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Bottom line: The Board found that YK622 in standard character is not inherently distinctive for dietary supplements.

The applicant sought registration of YK622 in standard character for dietary supplements in Class 5.  The examiner noted that YK622 as a whole does not have any particular meaning and that combination of one or two alphabets with numeral(s) is commonly used to indicate type or model number of goods.  Thus, consumer will merely recognize it as such indication.

The Board also noted that combination of one or two alphabets with numeral(s) is commonly used in various industries to indicate model type or number of goods and various references on the Internet support that the supplement industry is no exception.  The applied-for mark will be recognized as one of such indication and it will not function as a source identifier.

And so the Board affirmed the examiner’s refusal.