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No. 151; Section 3-1-6: indistinctiveness refusal;
registrability of a mark composed of two alphabets;
Appeal No. 2015-650002 (June 24, 2015)

Bottom line: The Board found that “MC” logo is inherently distinctive for electric contacts, switches, etc. in Class 9.

The applicant filed an international application for “MC” logo shown below designating electric contacts, switches, etc. in Class 9.

<Applied-for mark>

The examiner recognized that the applied-for mark is not capable of functioning as a source identifier because of the reasons below, and refused the application under Section 3-1-6 in the Trademark Act:

- The mark is composed merely of two alphabets “MC” and a red rectangular background.
- “MC” is often used to indicate a type or model code of goods, while the red rectangle is simple and common.

The Board reviewed the case and found as follows:

- “MC” is written significantly in bold letter, and “M” and “C” contact with each other.  Accordingly, “MC” is regarded as a monogram.
- “MC” is placed at the bottom-left in the red rectangle.  The placement of “MC” is characteristic.
- The mark as a whole is inherently distinctive for the designated goods.
- Besides, the applicant has been using the mark to some extent.
- Taking the circumstances into consideration, the mark may be capable of functioning as source identifier.

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

Please also refer to the case No. 132, “GU” logo.

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