On My Mind Blog

Posts from December 2020.

The Pitfall of “Failure to Function” as a Trademark

Dec. 2, 2020 - By William Borchard

If you adopt a recognized or widely used concept or sentiment as your trademark, don’t expect to have the exclusive right to use it or to register it even if you use it in a traditional trademark manner.

Recent Posts

How to Succeed in Registering a Product Configuration Trademark in the U.S.
A Term Used Solely as a Trade Name is Unregistrable as a Trademark in the U.S.
Adding a Word or Distinctive Design to a Mark Sometimes Can Avoid a Likelihood of Confusion
How to Cancel a U.S. Trademark Registration for Abandonment
How to Overcome a Trademark Application Refusal When the Identical Mark is Registered for Different Goods or Services -- Part 2
How to Overcome a Trademark Application’s Refusal When the Identical Mark was Registered for Different Goods or Services
Doctrine of Foreign Equivalents May Not Apply to Marks Combining English and Non-English Words
Musical Notes Played Over Retail Store Speakers Held a Registrable Trademark Used in a Display Associated with the Goods
Refuting a “Failure to Function” Refusal to Register a Trademark
U.S. Requirements for Establishing Use of a Trademark in Commerce

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