TSA62 – Gesture Trademarks: Non-Traditional Mark Protection in the United States
Saturday, May 20, from 1:15 pm – 3:15 pm
Moderator: Mary B. Aversano, Aversano IP Law, United States
Introduction – In the United States, a non-traditional trademark (NTM) is a mark other than the conventional word or 2D logo mark, and can be shown in many formats such as 3D, color, sound, motion and including gestures. A “gesture” as defined by the Merriam-Webster dictionary is “movement usually of the body or limbs that expresses or emphasizes an idea, sentiment, or attitude [e.g., he] raised his hand overhead in a gesture of triumph …”
To view the entire outline click 2017 INTA Table Topic Gesture Marks Outline.
A few observations:
- USPTO codes “gesture” marks with two different design codes, (i) 02.11.14 “[h]ands and fingers forming the following: handshake, finger pointing, fingers walking, OK sign, and thumbs up or thumbs down;
and (ii) 2.11.07, “hands, fingers and arms.”
- USPTO Design Search Code Manual currently does not make a distinction between 2D or 3D designs.
- There are 18,000 + mark assigned a gesture design code
- Prosecution of gesture marks is consistent with prosecution of other marks. See App No. 86/553,544. The application was refused registration in view of prior registrations for similar gesture marks.