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Failure to Function Example: Widespread Use

Last updated on June 9th, 2020 Love it! Here’s a great example of a term’s failure to function without widespread use on goods. This is a big deal, because in the Merch By Amazon fight against questionable trademarks, USPTO has typically denied Letters of Protest that did not include evidence of many competing products. But … Read more

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Can ASL Be Trademarked?

Last updated on June 9th, 2020 It’s not uncommon for creatives to wrongly assume they invented or coined their artistic expressions. For example, a certain rock star wanted to register this hand gesture. (I’ll bet you already know in American Sign Language it’s called “ILY” and means “I love you.”) The rocker apparently doesn’t know … Read more

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LOP Examples: Bible Verse

Last updated on June 26th, 2020 When filing a Letter of Protest against an application to register a Bible verse or other religious quotation as a trademark, here’s what you need to know: Legal Basis: Failure to Function – Religious Text See TMEP 1202.04(c) Evidence: It’s not enough to tell USPTO the verse reference. They … Read more

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Letter of Protest Trademark Sample: Bible Verse

Last updated on June 26th, 2020 When filing a Letter of Protest against a trademark application to register a Bible verse or other religious quotation as a trademark, here’s what you need to know: Legal Basis: Failure to Function – Religious Text See TMEP 1202.04(c) Evidence: It’s not enough to tell USPTO the verse reference. … Read more

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Trademark Failure to Function by Dr. Roberts

Mrl Ilr Failure To Function

Last updated on August 6th, 2020 Yippee! Tonight the boys brought this in the mail… my long-awaited copy of Dr. Alexandra Roberts’ Trademark Failure to Function article for the Iowa Law Review. Here’s a link to her letter in case you’d like to read it. I am beyond ecstatic! My sweetheart knew something was up … Read more