White Consolidated Industries, Inc. v. Royal Appliance Mfg. Co. OPP 107,081
Issue:de jure functionality; whether applicant's claimed mark is distinctive of its goods; whether applicant has used the mark it seeks to register
Party:White Consolidated Industries, Inc. v. Royal Appliance Mfg. Co.
Applicant's or Respondent's Mark and Goods or Services:
the color red applied across the entire surface of applicant's goods [handheld vacuum cleaners]
Citable as Precedent of TTAB:No