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Precedential No. 33: TTAB Reverses Failure-to-Function Refusal of "FOLLOW THE LEADER" for Credit Card and Travel Services

The TTABlog

90641690 (November 21, 2023) [precedentia] (Opinion by Judge Jonathan Hudis). Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. 1578, 2023 USPQ2d 677, at *5 (2023) (cleaned up). Welch 2023.

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TTABlog Test: Does "MAKE YOUR PASSION YOUR PAYCHECK" Function as a Source Indicator for T-Shirts?

The TTABlog

Applicant argued that the Office's evidence - some 14 third-party uses of the phrase and its variants - was insufficient to show how the mark is perceived by the general public. 90976324 (May 5, 2023) [not precedential] (Opinion by Judge Jonathan Hudis). As we note above, some third-party uses are service mark uses.

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