USPTO Drawing for Claimed Mark

As our loyal readers know, we love bringing non-traditional trademarks within your sights for consideration, even if they’re hanging from the ceiling, so here’s another to explore:

Roll & Hill’s Modo Chandelier










The claimed mark is described as “a three-dimensional configuration of a chandelier having three sides and 10 globes. The top rod and the 10 light bulbs shown in broken lines serves to show positioning of the mark and form no part of the mark.”

Here is some information about the designer:

“Jason Miller opened his Brooklyn-based design studio, Roll & Hill, in 2010 to satisfy his desire “to make products that appeal to the American market.” Nestled somewhere between mass production and custom design, Roll & Hill creates lighting fixtures that assume a classic form and style while appealing to a contemporary American sensibility. As Miller sees it, Americans prefer more warmth and visual weight than their European modernist counterparts, who are stylistically rooted in minimalism.”

Any predictions on how this brand new product configuration trademark application will be examined by the USPTO?

I’m thinking it will receive a functionality refusal, a lack of distinctiveness refusal, and a failure to function as a trademark refusal . . . .

Do you think these refusals could be overcome?

If so, how would you respond to them?