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Bottom line: The Board found that “Class 3 Glass” is inherently distinctive for glass products in Classes 11, 19 and 20.

The applicant filed an international trademark application for “Class 3 Glass” designating parts of refrigerating and cooling apparatus and installations, namely glass parts and doors, etc. in Class 11, glass and glazing for building, etc. in Class 19 and counters made of glass in Class 20.

The examiner refused the application on the ground as follows:

- The applied-for mark consists of “Class” meaning grade of goods, a numeral “3” commonly used as an item code and an English word “Glass”.  The indications of “Class 3” or “Class Ⅲ” are used in the glass products industry when referring to the category  or grade of glass.  Accordingly, traders and consumers of glass products recognize the goods bearing the mark as the glass in the category of Class 3 or the goods made thereof.
- Therefore, the mark is not distinctive when used for the designated goods.

The Board observed the applied-for mark and found as follows:

- The applied-for mark may evoke the meaning “glass of Class 3”, but traders and consumers of glass products will not understand that the mark indicates the category or grade of the products.
- The Board did not find any proof that “Class 3 Glass” is commonly used as the indication of the category or grade of the products.
- The mark is regarded as a coined term and is fully capable of functioning as a source identifier.

And so the Board reversed the refusal, and the application for “Class 3 Glass” was granted for registration.