On My Mind Blog

Posts from July 2023.

Refuting a “Failure to Function” Refusal to Register a Trademark

July 5, 2023 - By William Borchard

T-Shirt displaying MAKE YOUR PASSION YOUR PAYCHECK on a neck label above XL and 100% Cotton, and also on the front of the T-Shirt.

The Trademark Trial and Appeal Board (TTAB) appears to have increased the standard of evidence to support a refusal to register a slogan as a trademark, on the ground that it fails to function as a mark.

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Refuting a “Failure to Function” Refusal to Register a Trademark

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