What is a failure to function as a trademark refusal?

What is a refusal based on a failure to function as a trademark? A certain type of trademark rejection seems to be occurring more frequently: the refusal based on a failure to function as a trademark. While it might not be as common as likelihood of confusion or mere descriptiveness, this failure to function trademark […]

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Not trademarkable: What can’t be trademarked?

What is trademarkable? To be trademarkable means that a word or phrase is capable of trademark registration. That is to say, a mark must meet certain requirements to be registrable with the USPTO. Not all words can be trademarked. In order for a term to function as a mark and thus qualify for registration, a […]

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