What’s the Difference Between De Jure & De Facto Functionality?
When businesses begin exploring trademark protection for product designs, packaging, or trade dress, they often run into the concept of functionality. At first glance, the rule see
Why Can’t Functional Matter Be Trademarked?
Many business owners assume that if a product feature is unique or widely recognized, it should be eligible for trademark protection. On the surface, that seems logical. If custome
What Is the Functionality Doctrine in Trademark Law?
Many business owners assume that if a design is unique, it can be protected as a trademark. While that may be true for logos, names, and branding elements, it is not always true fo
What Is a Functionality Refusal in Trademark Law?
Many business owners are surprised when their trademark application is refused, especially when the design or feature they are trying to protect feels unique. One of the most commo
Can Trade Dress Be Protected as a Trademark?
When most business owners think about trademarks, they think of brand names and logos. Fewer realize that the overall appearance of a product or service may also qualify for protec
What’s the Difference Between a Trademark and Trade Dress?
Many business owners understand that trademarks protect brand names and logos. Fewer realize that trademark law can also protect the overall look and feel of a product or business.
What’s the Difference Between a Trademark and a Trade Name?
When business owners think about protecting their brand, one of the most common assumptions is that registering a business name automatically provides trademark protection. In real
Do I Need an Attorney to File a Trademark?
For many business owners, the moment they create a brand name, logo, or slogan that feels “right,” the next step seems obvious: file a trademark to protect it. But a common que
Are You Registering a Trademark—or Just Words?
You’ve come up with a brilliant name, slogan, or phrase that perfectly captures your brand’s identity. You’re ready to protect it and start registering a trademark with the U
Is There a Presumption of Unity of Control in Trademark Law?
Businesses often operate through multiple related entities—subsidiaries, affiliates, or sister corporations. These companies may share leadership, branding, and even customer bas