Robert E. Cannuscio
Robert Cannuscio has been a trusted legal advisor to clients around the globe on their most sophisticated intellectual property matters for more than 25 years. Regularly recognized as one of the nation’s leading intellectual property lawyers, Robert partners with clients to protect key technology, execute branding and trademark initiatives, and use legal tactics to shut down predatory competitors in the marketplace. A former engineer and an inventor on four patents, Rob brings a passion for the rights of creatives and an eye for detail to all client engagements.
View the full bio for Robert E. Cannuscio at the Faegre Drinker website.
Posts by Robert E. Cannuscio
If you follow US trademark prosecution, you’ve likely noticed in recent years an uptick in failure-to-function refusals from the United States Patent and Trademark Office (USPTO). The Federal Circuit recently weighed in and its message to the Trademark Trial and Appeal Board (TTAB) is clear: You need a better standard.
In In re Brunetti, 151 F.4th 1367 (Fed. Cir. 2025), a divided panel vacated the TTAB’s refusal to register the word FUCK as a trademark for consumer goods and retail services, finding that the Board’s analysis amounted to little more than an “I know it when I see it” approach.1 The decision doesn’t eliminate the failure-to-function doctrine but it demands that the USPTO articulate coherent, predictable rules for applying it.
Continue reading “When “I Know It When I See It” Isn’t Good Enough: The Federal Circuit Reins in Failure-to-Function Refusals”
