On Tuesday, April 29, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in In re: PT Medisafe Technologies affirming the Trademark Trial and Appeal Board’s (TTAB’s) application of its test for genericness in color marks. Finding both that the TTAB’s inquiry properly aligned with Federal Circuit precedent on generic marks and that the TTAB’s finding was supported by substantial evidence, the appellate court rejected Medisafe’s challenges to the rejection of its trademark application claiming the color dark green for the surface of chloroprene examination gloves.
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