In re Clarke

17 U.S.P.Q.2d 1238 (1990)

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In re Clarke

United States Trademark Trial and Appeal Board
17 U.S.P.Q.2d 1238 (1990)

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Facts

Celia Clarke (plaintiff) owned a business called Osewez that produced embroidery yarn and thread. Osewez added a floral, nonfunctional scent to its yarn and thread as a distinguishing design feature. Osewez advertised the scented nature of the products, was the only source for scented embroidery yarn and thread, and consumers, dealers, and distributors had come to recognize Osewez as the source for scented embroidery yarn and thread. Clarke applied for trademark registration for the scent. The examining attorney rejected the application, on the grounds that the scent did not function to identify or distinguish Clarke’s product from other similar products. Clarke appealed the examiner’s decision.

Rule of Law

Issue

Holding and Reasoning (Simms, J.)

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