Application of G. Leblanc Corporation

BALDWIN, Judge.

This appeal is from the decision 1 of the Trademark Trial and Appeal Board sustaining the refusal to register on the Principal Register, as a trademark for trumpets, “the provision of a plate-like configuration with its periphery defining a discernible enlargement on the brace adjacent the main tuning slide” of the trumpet. The drawing submitted with appellant’s application 2 to illustrate the asserted trademark is reproduced below:

It appears from the record that the “plate-like configuration” visible on the brace of the trumpet in the illustration is, as actually used by…