Mississippi College Law Review
Publication Date
Spring 2024
Abstract
The primary source of trademark law in the United States, The Lanham Act, outlines the requirements for trademark registration and protection. Marks which are distinctive, or that have acquired secondary meaning, can be registered on the Principal Register of the United States Patents and Trademarks Office (USPTO). Registered marks receive strong federal protection; however, those protections are unavailable to marks that are barred by the Act, but would otherwise meet the qualifications of registration. One of the strongest bars to registration is the functionality bar, which prevents registration of a functional mark regardless of whether it has a secondary meaning. Although the bar can affect many industries, the fashion industry is particularly vulnerable and accurately illustrates the negative impact of the imposed limitations.
Recommended Citation
DiAsio, Seth
(2024)
"Fashion Has No Function: DIminishing the Functionality Bar to Trademark Protection in the Fashion Industry,"
Mississippi College Law Review: Vol. 38:
Iss.
1, Article 7.
Available at:
https://dc.law.mc.edu/lawreview/vol38/iss1/7