P&G Mouthwash Bottle, Cap Can Be Trademarked, TTAB Says

Law360, New York (December 4, 2012, 4:44 PM EST) -- The design of the container and cap of Procter & Gamble Co.'s Scope Outlast mouthwash are entitled to trademark protection, the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board has said in a precedential opinion, reversing a finding that the marks were just nondistinctive product packaging.

The TTAB issued a ruling Nov. 16 reversing an examining attorney's decision to refuse P&G's bid for registration of marks consisting of the contoured shape of a mouthwash container and the design of the container's cap.

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