A trademark representing “NO. 6” could function as a source identification mark considering its entire arrangement.

September 25, 2023

Individual

The trademark in this application consists of the letters “N” and “O” written vertically, a “.” at the bottom right, and a large number “6” on the right. The overall configuration is not commonly used for an abbreviation of the number 6. Moreover, the examining board has found no evidence indicating that a similar configuration is used in the industry to represent the number 6. Hence, the examining board concludes that the subject trademark can be considered a unique logo style that functions as a source identifier.

An abbreviation for the number 6 is usually written as “NO” followed by a “.” On the other hand, the “N” and “O” of the subject trademark are configured vertically. Since the mark is arranged in this manner, it was judged in this case that the overall structure of the mark could be recognized as a mark arranged in a unique logo style.The appellant cited the following as registered examples of trademarks with similar structures to the subject trademark.