Kaela T. Bauer

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Kaela Bauer works with clients to build and protect their brands, both in the U.S. and internationally. She guides companies through the complete trademark life cycle — from brand creation and clearance to registration, enforcement and continuing maintenance. Before focusing her practice on brand management, Kaela helped clients navigate the legal landscapes of finance and restructuring, spending four years working with transactions and litigation in the financial sector.

View the full bio for Kaela T. Bauer at the Faegre Drinker website.

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College T-shirts and Trademarks – Ornamental or Protectable?

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As college freshmen head to campus for the start of classes, there is one vital campus bookstore purchase before classes begin: a T-shirt bearing the college’s logo. This purchase is not only a rite of passage for freshmen; it also touches on an important concept in trademark law: ornamental use of trademarks on T-shirts.

What is ornamental use?

Under sections 1, 2, and 45 of the Trademark Act, the United States Patent and Trademark Office (“PTO”) can refuse registration of a trademark on the ground that the applied-for matter is decorative and therefore does not function as a mark because it is merely ornamentation. In re Peace Love World Live, LLC, 127 U.S.P.Q.2d 1400 (TTAB 2018). Ornamental matter can include words, designs, slogans, or trade dress.

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