Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

TTAB Affirms Section 2(e)(5) Functionality Refusal of Bird Feeder Design

Another purported product configuration mark kicked the TTABucket as the Board affirmed a Section 2(e)(5) refusal to register the product design shown below for a "bird feeder," finding it to be de jure functional. Alternatively,the Board found that if the design is considered not functional, Applicant Woodlink's evidence of acquired distinctiveness is insufficient to support registration under Section 2(f). In re Woodlink, Ltd., Serial No. 78971622 (July 17, 2009) [not precedential].Woodlink's described its mark as "a configuration of a bird feeder that comprises a cylindrical feeding tube and a top and bottom base." The Board noted that this broad description "encompasses virtually any bird feeder of the 'tube feeder' type."As usual when considering functionality, the Board looked to the factors set forth in In re Morton-Norwich Prods...continue to full post

Full post as published by The TTABlog on July 28, 2009 (boomark / email).