Finding The Right Fit: The Test for Color Marks
By EsqSocial Corporation 07/05/25
In Re: PT Medisafe Technologies, No. 2023-1573 (Fed. Cir. April 29, 2025) - On April 29, 2025, the Federal Circuit adopted a test from the Trademark Trial and Appeal Board (“TTAB”) for determining whether a color mark is generic. Under the test, the Federal Circuit affirmed that a color mark for medical examination gloves did not function as a source indicator, lacked sufficient evidence of acquired distinctiveness, and as such was not entitled to trademark protection....
By: Irwin IP LLP