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Bottom line: The Board found that “CS300” is not inherently distinctive for aortic balloon pumps in Class 10.

The applicant sought registration of “CS300” in standard character for aortic balloon pumps in Class 10.

The examiner noted that the mark merely is a very simple and common sign because “CS300” is composed of two alphabets and numeral and is commonly used to indicate a type or model code of goods.  Accordingly, the examiner found that the mark falls under Section 3-1-5 and refused the application.

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

- A combination of two alphabets and numeral is commonly used as a sign to indicate a type or model code of goods in the medical equipment industry.  Thus, consumers and traders regard the mark as such when it is used for aortic balloon pumps.
- The applicant pointed out that all the examples of use in the relevant industry picked up by the Board are combinations of two alphabets, a hyphen and numeral, for example “CS-800”, “FE-201”, and that they have different structure from the applied-for mark.  However, the Board found that with or without hyphen, they are alpha-numerical signs used as a type or model code.
- Therefore, the applied-for mark falls under Section 3-1-5.

And so the Board affirmed the examiner’s refusal.