We have previously blogged about the intersection between
patents and trademarks (see, eg, here). In that post, we noted that
if certain features are protected by a utility patent, that is
strong evidence those features are functional and therefore
ineligible for trade dress protection. But the content of patents
can affect whether trademark protection is available in other ways
as well. This is aptly illustrated by a recent case decided by the
Trademark Trial and Appeal Board, In re Omniome, Inc.,
App. 87/661,190 (TTAB Dec. 19, 2019) (precedential).
Omniome, Inc. filed App. 87/661,190 seeking to register
SEQUENCING BY BINDING for use in connection with:
Class 01: reagents for analysis of biological analytes
