Configuration / Shape / Failure to Function

The mark consists of a two-dimensional design of a light gray, generally rectangular body with rounded ends. The top of the body features a light gray rectangle on each side. The left side of the body features a dark gray cross within a circle. The dark gray cross features a triangle on each arm of the cross and a central circle. The center of the body features two dark gray rounded rectangles. The right side of the body features two light gray rounded rectangles within a dark gray circle. One of the light gray rounded rectangles contains two light purple circles and the other light gray rounded rectangle contains two dark purple circles.


OA 2/6/19: Failure to function:
The applied-for mark, as shown on the specimen, does not function as a trademark because it is merely a drawing of the actual goods.  Additionally, as shown in the specimen, the mark appears on the packaging of the goods as a picture of the goods itself to show consumers what the goods look like.  Consumers would not likely view the mark as it appears on the box as source-identifying mark/brand name.

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