TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration
The TTABlog
JUNE 27, 2023
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.
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