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No. 143; Section 3-1-5: indistinctiveness refusal;
registrability of a mark composed of one alphabet and numeral;
Appeal No. 2015-1303 (April 30, 2015)

Bottom line: The Board found that “V11” logo is inherently distinctive for pharmaceutical preparations, etc. in Class 5.

The applicant sought registration of “V11” logo shown below for pharmaceutical preparations, etc. in Class 5.

<Applied-for mark>

The applied-for mark is composed of an alphabet “V” and a numeral “11”.  The examiner noted that the mark merely is a very simple and common sign because “V” and “11” are commonly used to indicate a type or model code of goods and the mark as a whole is represented in a common manner.  Accordingly, 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:

- “V” is composed of a bold vertical line and a thin diagonal line extending from the bottom of the bold line, and both lines end with serif.  “11” is approximately three-fifths as high as “V” and is closely placed thereto.  The applied-for mark as a whole is unified.

- The applied-for mark will not be regarded as a type or model code of goods due to its stylization.  Also, no proof was found that the mark is commonly used as a type or model code of goods in the relevant industry.

- Therefore, the applied-for mark is capable of functioning as a source identifier.

And so the Board reversed the Examiner’s decision and granted registration of “V11” logo.

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