Numbers are not trademarkable (imagine the difficulty if they were).
Wrong.
People have this great misconception of Trademarks.
Break it down.
Trade
Mark.
Do you think the way Dale Earnhardt's number 3 was designed and emblazzened on everything was not trademarked?
And the example were are talking about, 501 and how Levi struass depicts that is not trademarked?
And, not surprisingly, there are other trademarks for the same numbers, different holders.
Look at it like this; A unique mark used in conducting trade.
How Dale Earnhardt Racing uses the number 3 and how Levi's uses the number 501 is unique unto itself and may not be used by someone else.
That Mark that they use to conduct trade.
Word Mark 501
Goods and Services IC 025. US 039. G & S: JEANS. FIRST USE: 19691231. FIRST USE IN COMMERCE: 19691231
Mark Drawing Code (1) TYPED DRAWING
Serial Number 73768165
Filing Date October 24, 1988
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition May 30, 1989
Registration Number 1552985
Registration Date August 22, 1989
Owner (REGISTRANT) LEVI STRAUSS & CO. CORPORATION DELAWARE 1155 BATTERY STREET SAN FRANCISCO CALIFORNIA 94111
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record KAREN S. FRANK
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).