United States Federal Circuit
In re Becton, Dickinson and Co., 2011-1111
On application to register a trademark for closures for medical collection tubes, the Trademark Trial and Appeal Board's decision affirming the examining attorney's refusal to register the design as a trademark is affirmed, where: 1) the mark as a whole was functional; 2) the Board committed no legal error by weighing the functional and non-functional features of the mark against each other; and 3) substantial evidence supported the Board’s findings of fact under the Morton-Norwich factors for determining functionality.
Appellate Information
- Decided 04/12/2012
- Published 04/12/2012
Judges
- Clevenger
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Richard Z. Lehv, Christina J. Hieber