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Bottom line: The Board found that a single-letter mark “r” in a circle is inherently distinctive for goods and services in Classes 9 and 42.

The applicant sought registration of a single-letter mark “r” in a circle shown below for computer software, electronic machines, apparatus and their parts, etc. in Class 9 and providing computer programs on data networks, etc. in Class 42.

<Applied-for mark>

The examiner noted that the mark consists of an orange “r” in a gray circle and that it is represented in a common manner and merely a simple sign.  She found that 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 gray color of the circle in the applied-for mark highlights the orange “r”.  The color combination of the applied-for mark is unique.  In addition, the height of “r” is half the diameter of the circle, which creates a unique impression.  Therefore, the mark as a whole is recognized as distinctive, and 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.