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TTAB Finds Toilet Plunger Designs De Jure Functional

By John L. Welch

Applicant George Tash's utility patents and his boastful advertising led to the Board' s finding that the two product designs shown below are de jure functional and unregistrable as trademarks. In addition, assuming arguendo that the designs are not functional, Tash's evidence of acquired distinctiveness was insufficient to show that the designs have become source-identifying. In re Tash, Serial Nos. 76577156 and 76566157 (April 18, 2008) [not precedential].Section 2(e)(5) bars trademark registration of functional matter. In determining functionality, the Board applies the four factors set forth in In re Morton-Norwich Prods., Inc., 213 USPQ 9 (CCPA 1982).Here, each of Applicant's designs falls within the claims of a utility patent owned by Applicant (one of which has expired)...continue to full post

Full post as published by The TTABlog on April 24, 2008 (boomark / email).