Angina Drug's Minty Taste, Smell Can't Be Trademarked: TTAB

Law360, New York (March 1, 2013, 8:20 PM EST) -- A U.S. Patent and Trademark Office panel has rejected a bid by drugmaker Pohl-Boskamp GmbH & Co. KG to register the flavor and scent of peppermint as a trademark for a nitroglycerin spray used to treat chest pain.

The peppermint flavor makes the Nitrolingual Pumpspray product more effective at treating angina, so it is functional and cannot serve as a trademark, the Trademark Trial and Appeal Board ruled Feb. 25. It also found that the smell is not distinctive enough to merit trademark protection.

The board...
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