While studies show that each individual sees color differently, the Trademark Trial and Appeal Board (TTAB) determined that as used on medical gloves, a shade of light green is not confusingly similar to a shade of dark green. In a black-and-white decision, the TTAB reversed a Trademark Examining Attorney’s refusal to register the color green identified as Pantone 2274C as used on medical gloves in light of an existing registration for the color green identified as Pantone 7488U used on the same line of goods.
The Gloves Are Greener on the Other Side
In November of 2019, Medline Industries, a leading manufacturer of medical gloves, submitted a request to register the color of their green gloves, Pantone 2274C, on the United States Patent and Trademark Office’s Supplemental Register. This is the list for trademarks that are not yet eligible to be listed on the Principal Register, but may be one day. The Trademark Examining Attorney, however, rejected Medline Industries’ application. The rejection was based on Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), which restricts granting trademarks based on the probability of confusion with another mark.