In re Paramount Pictures Corporation
United States Trademark Trial and Appeal Board
213 U.S.P.Q. 1111 (1982)
- Written by Sarah Holley, JD
Facts
Paramount Pictures Corporation (plaintiff) sought to register as a trademark for decals the paired names Mork & Mindy. On the decals submitted with the application, the letters of the names and ampersand were colored in fluorescent rainbow shading, from orange to red to yellow, on a background shaded from blue to purple. The multicolored names were superimposed on a brown-toned photograph of the actor and actress that portrayed the characters Mork and Mindy in the television series of that name. The examining attorney refused registration of the mark on the ground that the paired names Mork & Mindy as used on the decals would not be regarded as an indication of source of origin but merely as an ornamental or decorative feature of the decals and, therefore, did not function as a trademark. Paramount appealed the examining attorney’s refusal to register.
Rule of Law
Issue
Holding and Reasoning (Allen, J.)
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