BASF Corp. v. SNF Holding Co.
Intellisoft, Ltd. v. Acer America Corp.

Forney Industries, Inc.

Forney Industries, Inc. (“Forney”) appeals from a decision of the Trademark Trial and Appeal Board (“the Board”) which affirmed the trademark examining attorney’s refusal to register Forney’s proposed mark on grounds that the proposed mark is of a type that can never be inherently distinctive. In Re Forney Indus., Inc., 2018 WL 4348337 (T.T.A.B. Sept. 10, 2018) (“Board Op.”). Because the Board erred by holding that: (1) a multi-color mark can never be inherently distinctive, and (2) product packaging marks that employ color cannot be inherently distinctive in the absence of a well-defined peripheral shape or border, we vacate and remand for further proceedings.

Download Forney Industries Inc.


Registering your trademarks is one of the best long-term investments you can make in your business. Contact us today for more information.

Visit Gehrke & Associates, SC.


Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name is required. Email address will not be displayed with the comment.)