TTAB Affirms Failure-To-Function Refusal Of Informational Phrase For Bumper Stickers

Finding that the purported word+design mark shown below is "merely an ornamental or informational feature" of Applicant Steven Schalk's "bumper stickers," the Board affirmed a failure-to-function refusal under Sections 1, 2, and 45 of the Trademark Act. In re Schalk, Serial No. 86183499 (October 10, 2019) [not precedential] (Opinion by Judge Lorelei Ritchie).

Once again, the question for the Board was whether the public would perceive the purported mark as a source indicator for the identified goods. In making that determination, the Board may consider the "size, location, dominance, and significance of the alleged mark." The claimed mark comprises the entirety of the identified goods: bumper stickers.