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Bottom line: The Board found that “GU” logo is inherently distinctive for goods/services in Classes 9, 14, 18, 25, 26 and 35.

The applicant sought registration of “GU” logo shown blow for children’s wear, jackets, etc. in Class 25, goods in Classes 9, 14, 18 and 26, and retail services relating to clothing and bags in Class 35.

<Applied-for mark>

The examiner recognized that the applied-for mark is a very simple and common mark, because it merely is composed of two yellow alphabets “GU” in a blue square background, and “GU” is commonly used to indicate a type or model code of goods.  The examiner found that the mark falls under Section 3-1-5 and refused the application.

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

- “G” is represented as an exact circle-like and the crossbar of “G” stops at the center of the circle.  “U” being slightly slimmer than “G” is composed of straight lines and a gentle curve.  Overall, “GU” will be regarded somewhat stylized.
- The mark as a whole will be regard as a unified mark for the blue of the square and the yellow of “GU” are opposite colors from each other and one emphasizes the other.
- The mark as such will not be regarded as commonly used type indication or model code and as a very simple and common mark.  The mark can function as a source identifier.

And so the Board reversed the Examiner’s decision and granted registration of “GU” logo..