WTF? The Board Weighs In on Failure to Function Refusals

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.

11 minute read November 01, 2022 at 12:07 AM
By
Christopher P. Bussert
WTF? The Board Weighs In on Failure to Function Refusals

Many trademark practitioners have noted the United States Patent and Trademark Office's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark.

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