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TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

The TTABlog

JM4 relied heavily on its ownership of various design patents for the ornamental designs of holsters, but they missed the mark. indicates that the design is not de jure functional. The Board found that JM4's design patents covered designs that were not identical to the proposed mark. "To

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Patent Protection vs. Trademark Protection – What’s the Difference?

Larson & Larson

A patent provides its owner with the legal right to prevent others from making, using, selling or importing an invention for a limited period of time, usually 20 years from the patent filing date. Patents protect functional products and processes. Patents give inventors exclusive rights over their inventions.

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Pending patent legislation: 

Patently-O

2891 – Restoring the America Invents Act. Substantial changes to the IPR system to favor the patent challenger. 2774 – Pride in Patent Ownership Act. Creating additional incentives to timely record patent ownership interests. Design patent cannot be enforced to restrict repair of a motor vehicle.

Patent 54
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What are the intellectual property rights for startups?

Biswajit Sarkar Copyright Blog

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution.

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TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

The TTABlog

Applying the ever-popular Morton-Norwich factors, the Board began with a detailed review of Pen Pal's abandoned utility patent application. Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional.

Designs 51
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Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

More Than Your Mark

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

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TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

The TTABlog

Applying the ever-popular Morton-Norwich factors, the Board began with a detailed review of Pen Pal's abandoned utility patent application. Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional.

Designs 44