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The Functionality Doctrine Remains Strong

The functionality doctrine remains strong. In a recent decision, the Trademark Trial and Appeal Board relied on the doctrine of functionality in finding that the product configuration mark at issue was unprotectable under...more

Foreign Applicants Must Now Appoint U.S. Counsel for USPTO Trademark Proceedings

In a significant shift from long-standing procedures, the U.S. Patent and Trademark Office (USPTO) recently revised its rules to require that all foreign-domiciled trademark applicants, registrants and parties to trademark...more

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