In this post, you’ll learn why a homeschool mom of six got involved in the fight against questionable trademarks. Stopping them will take more than protests.
This series examines why so many bad trademarks are registered, how it affects the print-on-demand industry, and what you can do to help.
Hey, class, let’s pretend we’re filing a Letter of Protest for a phrase that fails to function! “SAY WHAAAA???!!!” Relax, sweetie, this won’t hurt, I promise. Let’s back up and talk about the Legal Basis for your Letter of Protest. The Secret Legal Basis When I first tried to file a Letter of Protest against … Read more
GIRLBOSS’s attorney raises some interesting points to overcome USPTO’s initial “failure to function” refusal. I’m curious how USPTO will rule on this.
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 widespread use in the marketplace is … Read more
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. They need to SEE proof that … Read more
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 ASL and thought he came up … Read more
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 when I brought it to him, … Read more