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No Plaque on This Scope Bottle Trademark

Posted in Branding, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, TTAB

Would you place this mouth wash bottle on your bathroom counter or hide it under the counter?

The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as a non-traditional trademark.

The Procter & Gamble Company created this elegant container design — to counter the out-of-sight-out-of-mind problem, and inspire more Scope mouth wash consumption.

As The Dieline Blog reports, the hope for the award-winning design is that consumers will be more inclined to proudly display it on their counter-tops.

The Trademark Trial and Appeal Board recently reversed the USPTO’s initial registration refusal, holding that the shape of the bottle and cap are, in fact, inherently distinctive; the decision is here.


John Welch’s always spot-on coverage analyzing the TTAB’s decision, is here.

So, would you? And, if so, would that make you gargle more?