Paperboard Makers Battle over "Mottled Pattern" Trademark Registration
Brownsville Specialty Paper Products, Inc. has filed a petition for cancellation of Fibermark, Inc.'s trademark registration for a mark consisting of "a representation of the consistent mottled pattern shown on the surface of the goods."
The mark is the subject of U.S Trademark Registration No. 3,038.726, issued on January 10, 2006, for "paperboard provided to others for making report, document and notebook covers, and for making binders and folders." The Registration issued under Section 2(f).
Brownsville alleges that the Fibermark "mottled pattern" mark is, inter alia, functional, generic, indefinite, and non-distinctive.