TTAB Won't Let Motorola Trademark Phone Chirp

Law360, New York (June 17, 2009, 12:00 AM EDT) -- Motorola Inc. has struck out in a bid to register a sound trademark for a chirp noise made by its cell phones when used in the walkie-talkie mode.

In a ruling on Friday, the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board sided with Motorola competitor Nextel Communications Inc., which opposed the registration on the grounds that the chirp noise had not acquired distinctiveness for Motorola phones.

The TTAB found that one of the most damaging pieces of evidence in the case is that...
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