Achieving a fanciful distinction
Every seller, perhaps,
fancies being distinctive and successful and the applicant in re Frankish
Enterprises Ltd (decided in 27-2-2015) certainly got the combination right.
The TTAB reversed the refusal to register a mark consisting of a truck cab body
in the design of a fanciful, prehistoric animal with the word JURASSIC ATTACK.
The registration was sought for entertainment services in nature of monster
truck exhibition service. An internet search had revealed over 100 monster
trucks. But, the mark in question achieved the distinction of being unique and
not comparable with any other.
Thus, it could function
as service mark and was readily identifiable with the truck exhibition services
of the applicant. The truck’s body was suggestive of a prehistoric animal
without looking like a particular animal. Interestingly, IP protection was not
sought for the design, as a toy or model truck, or any other product. The TTAB reiterated that while trade dress in
the nature of product design can never be inherently distinctive, product
packaging trade dress and trade dress for services can be inherently