The mark consists of the bright orange color of the goods along with the distinctive shape of the goods, not the bright orange color alone. The combination of shape and color has achieved secondary meaning and the trade dress is therefore not merely ornamental. The bright orange color is not functional. It was chosen as a pleasing color for the goods but there is no requirement that the goods be orange for functional reasons. The color is not a natural byproduct of the manufacturing of the goods. The goods are made from molded plastic materials and the color is injected in the plastic fluid mix. Any color can be used.
The drawing is lined for the color orange and the color orange is claimed as part of the mark. The mark consists of a valve assembly design.
Trademark: 74526497
