“The bars are purely functional representations of the strength of cell service and a standardized one at that,” he writes. “If anything were unworthy of being captured as a trademark, this should have been it.
To his dismay, AT&T’s bold use of “SM” to indicate its claim to common law rights in the design last year was replaced with an even bolder ”®” to indicate its federal registration, albeit on the Supplemental Register.
“While I am aghast at the chutzpah of the attorneys who sought to register a blatantly functional, generic icon as a proprietary trademark, I reserve my highest scorn for the PTO.”
A spirited discussion follows the post. Nice debut, Sean!