Insights: NewsWTF? The Board Weighs In on Failure to Function RefusalsALM | LAW.COMNovember 14, 2022 Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure-to-function refusals going forward.Related People![]() Christopher P. Bussert
cbussert@ktslaw.com |

