In re Vertex Group LLC
Trademark Trial and Appeal Board
89 U.S.P.Q.2d 1694 (2009)
Relevant factsFree
Vertex Group LLC (plaintiff) sought to trademark a specific beeping sound — a rapid, descending-frequency pulse between 1500 and 2300 Hz — used in its personal security alarm for children. Vertex held a utility patent covering the alarm generally (though not the sound specifically) and advertised the alarm's noise prominently. The trademark examiner rejected the application, finding the sound functional and therefore unregistrable, and Vertex appealed.
IssueFree
Whether a functional product feature is registrable as a trademark.