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Author Topic: Dear Mr Auslander  (Read 1295 times)

Winderman

  • Guest
Dear Mr Auslander
« on: 06-15-04 at 02:14 am »

Mr Auslander
 While doing some research into a trademark that a client of yours holds, I ran across the following information on Marklaw.com and other websites.

Functionality doctrine (utilitarian functionality) According to this doctrine, the functional features of a trademark, or those features having primarily a utilitarian purpose, are not granted protection. Where product elements such as shape, color or design are necessary to improve the saleability of a product, or because the product requires the trademarked element to function optimally, then that feature is not protected by trademark law.

 Would you care to explain this further, please?
Thank you
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