In Re Bose Corporation
Court of Appeals for the Federal Circuit
1Opinion of the Court
NIES, Circuit Judge.
Bose Corporation appeals from the decision of the Trademark Trial and Appeal Board affirming a refusal to register a design shown in application Serial No. 127,-803 on the Principal Register as a trademark for “loudspeaker systems.” The basis for PTO action is that the design is functional and, therefore, cannot serve as a mark for the goods. We affirm.
I
Background
Application Serial No. 127,803 has had a long and tortuous prosecution history, which will be discussed in part in connection with a question of this court’s jurisdiction over a portion of the board’s decision.…
2Cases cited16 opinions
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