FUNCTIONAL FEATURE

By SovConn | October 16, 2016

functional feature.Trademarks. A design element that is either physically necessary to

construct an article or commercially necessary to manufacture and sell it; a product’s attribute that

is essential to its use, necessary for its proper and successful operation, and utilitarian rather than

ornamental in every detail. • A functional feature is not eligible for trademark protection. [Cases:

Trade Regulation 43. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 49–50.][Blacks Law 8th]

Posted in Law Dictionary Definitions