Application of the General Tire & Rubber Company

KIRKPATRICK, Judge.

The General Tire & Rubber Company appeals from a decision of the Trademark Trial and Appeal Board 1 refusing appellant’s application 2 for registration of a mark for pneumatic tires described as consisting of three narrow white concentric rings of approximately equal width applied to the outer surface of a dark sidewall tire.

An illustration of the mark applied to a tire, in accordance with a substitute drawing filed in appellant’s trademark application, follows:

The board considered the mark to be no more than ornamentation and refused registration, saying:

It is apparent…