Failure to Function

Failure to Function: When a Mark is Merely Ornamental

Trademarks are words, symbols, designs, or combinations of these elements that identify and distinguish the source of goods or services of one party from those of others. Trademarks are valuable assets that help consumers recognize and trust the quality and reputation of a brand. However, not all trademarks are eligible for registration or protection under the law. One of the grounds for refusal or cancellation of a trademark is that it fails to function as a trademark.