Functionality doctrine
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Intellectual property law Primary rights Copyright · authors' rights · related rights · moral rights · patent · utility model · trademark · geographical indication · trade secret Sui generis rights Database right · indigenous intellectual property · industrial design right · mask work · plant breeders' rights · supplementary protection certificate Related topics Societal views · orphan works · public domain · more In trademark law, the functionality doctrine prevents manufacturers from protecting specific features of a product by means of trademark law. This separates trademarks from patents — trademarks serve to protect a firm's reputation and goodwill, whereas patents serve to protect processes, machines, and material inventions.
If a feature gives a producer a competitive advantage which is not related entirely to its function as a brand identifier, then it cannot be trademarked. The rationale behind this doctrine is that product markets would not be truly competitive if newcomers could not make product with a feature that consumers demand.
See also
Categories:- United States law stubs
- Trademark law
- Legal doctrines and principles
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