Case Information
Appeal Number: 2024-20478
Date: August 13, 2025
Trademark: KS2 (Logo)
Goods: Class 28 Golf clubs.
Decision Summary
The trademark application for 'KS2 (Logo)' was rejected under Article 3(1)(v) of the Trademark Act, on the grounds that the mark was considered very simple and common. The applicant appealed this decision, limiting the scope of goods to 'golf clubs' in Class 28.
The examiner had determined that the mark consisted solely of two Roman letters and a numeral, a format typically used for product or type numbers, and therefore lacked distinctiveness.
However, the Board of Appeal found that the 'KS2 (Logo)' mark differed from standard product identifiers. Each character in the mark was stylized with a unique font, contributing to its overall distinctiveness. The Board concluded that the mark was not very simple or common and reversed the examiner’s decision, allowing the trademark to be registered.
Commentary
This decision highlights the criteria used to assess whether a mark is considered 'very simple and common.' Unlike typical product numbers, which are usually presented in uniform, high-visibility fonts, the 'KS2 (Logo)' features stylized characters with varying fonts, enhancing its distinctiveness.