Once-Patented Wind-Resistant Umbrella Denied Trademark (1)

The mesh in a two-canopy umbrella can’t qualify for trademark protection because evidence showed it served a functional purpose, an administrative tribunal said.

The Trademark Trial and Appeal Board Aug. 19 denied OEP Enterprises Inc.'s bid to register a trademark on the design for its Windbrella. A design feature can qualify for trademark protection if it’s merely ornamental, but not if it provides any functional benefit. OEP argued that a now-expired design patent proved the mesh in the lower canopy was simply ornamental, because design patents also only protect nonfunctional elements.

But the board said an expired utility patent for ...