Federal Circuit Affirms Denial of Green Glove Color Mark

The Federal Circuit affirmed the Trademark Trial and Appeal Board's denial of registration for a single color mark consisting of dark green as applied to chloroprene medical examination gloves. Applicant PT Medisafe Technologies sought protection for the color on the gloves.

The court endorsed the TTAB's application of the test for color marks used as trade dress, referencing precedents involving magazine names and similar functionality and distinctiveness analyses. The decision reinforces standards for single-color trademark registrations in the medical products sector.

The ruling maintains existing barriers to registering colors that may be deemed functional or lacking secondary meaning in competitive markets.