Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions
Patently-O
NOVEMBER 17, 2023
13, 2023) , the Federal Circuit affirmed the TTAB’s refusal to register the mark EVERYBODY VS RACISM because it failed to function as a trademark. In order to qualify for federal trademark registration under the Lanham Act, a mark must be able to function as a source identifier. 140 (2023).
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