Many trademark practitioners have noted the USPTO’s recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure to function refusals going forward.

       

Cindy Speaker

CEO of Speaker Media and Marketing, is the "Secret Weapon of Personal Injury Lawyers and Trial Attorneys" throughout the United States. Specializing as a marketing consultant to lawyers, with a primary focus on content marketing, social media, online video and mobile marketing strategies.