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Category Archives: Section 2(e) – Functionality

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Pattern Designs on US Navy Uniforms and Fabric Are Non-Functional Protected Trademarks

Posted in Product Configuration, Section 2(e) - Functionality, Trademark, Trademark Prosecution, Trademark Trial and Appeal Board

Written by Susan Neuberger Weller A recent TTAB case addresses the issue of functionality and protection of design.  In the case In re Navy Exchange Service Command, (“NEXCOM”), the TTAB issued a non-precedential decision on September 29, 2012 in which it reversed the Examining Attorney’s refusal to register four irregular block-shaped, multi-colored pixilated pattern design… Continue Reading