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In re Becton, Dickinson and Company

United States Court of Appeals for the Federal Circuit
675 F.3d 1368 (2012)


Facts

Becton, Dickinson and Company (Becton) (plaintiff) applied to register its design for a closure cap for blood-collection tubes as a trademark. The design included both functional and nonfunctional features. The examining attorney refused the registration on the grounds that the overall design was functional. Becton appealed to the Trademark Trial and Appeal Board (the board), and the board upheld the examiner’s refusal. Becton appealed, alleging that the design as a whole was nonfunctional.

Rule of Law

Issue

Holding and Reasoning (Clevenger, J.)

Dissent (Linn, J.)

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