You cannot get a design patent or a trademark registered for something that is considered "functional" -- but here's the tricky part: what counts as "functional" depends on whether you're talking about trademark law or patent law. Kason Industries Inc. recently learned this the hard way when it was denied trademark registration, but received a design patent for its same metal leg product. Learn why the difference in the definition of "functional" can make your break your ability to get a trademark registered or a design patent issued.

 

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