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Lotus-Shaped Acupressure Mat Product Design Lacks Acquired Distinctiveness and Fails to Function as a Service Mark

The TTABlog

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark.

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Shutterstock: What License Allows Third – Party Transfer?

IP and Legal Filings

It removes the restrictions on budget and print reproductions, enabling web distribution, copy printing and packaging, and out-of-home advertising impressions. However, it does not permit resale, distribution or any form of commercial use; templates, merchandise and decoration in small commercial spaces are also prohibited.