The TTAB Rejects Equal Protection Argument In Favor Of Failure-To-Function Refusal
By EsqSocial Corporation 04/11/20
In a recent precedential decision, the United States Trademark Trial and Appeal Board (“TTAB”) affirmed an examining attorney’s failure-to-function refusal as respecting the standard character mark TEXAS LOVE, rejecting the applicant’s argument that the refusal violated the Equal Protection Clause of the U.S. Constitution by treating Texas citizens differently than citizens of Florida, California, Nevada, Maine, and Hawaii......
By: Fox Rothschild LLP