• In re Carl Walther GmbH
  • December 1, 2010 | Author: Timothy J. Kelly
  • Law Firm: Fitzpatrick, Cella, Harper & Scinto - New York Office
  • Carl Walther GmbH, the maker of the Walther PPK, the gun featured in multiple James Bond movies, sought to register the gun’s product configuration as a United States trademark. The Trademark Examining Attorney refused registration concluding that the gun’s configuration was not inherently distinctive and that Carl Walther had failed to show acquired distinctiveness. Applicant appealed and the Trademark Trial and Appeal Board (“Board”) reversed. The Board concluded that the product configuration claimed in the application was, in fact, distinctive, as a result of the efforts by Carl Walther GmbH (“Walther” or “Applicant”) to link the product’s design to its source.