Kilpatrick Townsend

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WTF? The Board Weighs In on Failure to Function Refusals

ALM | LAW.COM

November 14, 2022

Written by Christopher P. Bussert

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.

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Christopher P. Bussert

cbussert@ktslaw.com