Failure to Function Example

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 frivolous trademarks, USPTO has typically denied Letters of Protest that did not include evidence of many competing products. But widespread use in the marketplace is … Read more

LOP Examples: Class 035 Update

FRIVOLOUS TRADEMARKS:  IC 35 Letter of Protest update:  My Dog Mom Letter of Protest was dismissed in part and denied in part:  1) a “failure-to-function — widely used message” refusal was already issued, so my protest on that basis is moot (irrelevant);  2) my “premature claim of use in commerce” objection is denied — a … Read more