Seattle Law Professor Takes on AT&T and the PTO's Registration of Signal Bar Design
July 14, 2009
Michael Atkins in Functionality, Seattle Updates

UW School of Law Professor Sean O’Connor, guest blogging at Legal Satyriconwrites about AT&T’s trademark registration of the bars indicating cell phone signal strength (depicted left).

“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!

Article originally appeared on Michael Atkins (http://seattletrademarklawyer.com/).
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