The Trademark Trial and Appeal Board affirmed an examining attorney’s refusal to register Osgoode Media’s mark, consisting of a woman video game character with a tilted head, dark messy hair, dark eyes, thin rimmed glasses and a large toothy smile, with her eyes looking to the side and strands of her hair in front of her eyes. The board said that it fails to function as a mark because consumers would perceive it only as identifying a video game character, and not as a source indicator for goods.
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