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Bottom line: The Board found that a triangle logo mark is inherently distinctive for goods and services in Classes 9, 35, 36, 42 and 43.

The applicant sought registration of a triangle logo mark shown below for goods and services in Classes 9, 35, 36, 42 and 43.

<Applied-for mark>

The examiner noted that the mark is represented in a common manner and merely is a simple sign.  She found the mark is not capable of functioning as a source identifier and that it falls under Section 3-1-5, and refused the application.

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

- The applied-for mark is composed of an equilateral triangle with each corner rounded, and is written in a pale blue bold line.
- The mark is distinctive because it gives well-balanced and stable impression.
- Also, no proof was found that the device is commonly used as an outline of a sign.
- Therefore, the mark is capable of functioning as a source identifier.

And so the Board reversed the Examiner’s decision and granted registration of the applied-for mark.