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?