In re Morton-Norwich Products, Inc.

Morton-Norwich Products, Inc. (Morton-Norwich) sought to register the trade dress of a spray bottle it used to package its products, offering evidence that the bottle's design had achieved secondary meaning identifying its source. The trademark examiner rejected the application as primarily functional and lacking distinctiveness, and the Trademark Trial and Appeal Board (the Board) affirmed, viewing the bottle's design as primarily functional because of a pumping mechanism Morton-Norwich had separately patented. Morton-Norwich appealed.