Court of Appeals for the Federal Circuit August 4, 2003, 02-1602 (In Re Pacer Technology)

GAJARSA, Circuit Judge.

Pacer Technology (“Pacer”) appeals from a decision of the United States Patent and Trademark Office’s (“PTO’s”) Trademark Trial and Appeal Board (“Board”), which affirmed the PTO’s refusal to register as a trademark Pacer’s adhesive container cap design on the ground that the design was not inherently distinctive.

In re Pacer Tech.,

Serial no.