Patent Application

Attorney Stephen Presutti successfully navigated another patent application to allowance. The USPTO had rejected claims, but Stephen was able to amend the claims to overcome the examiner’s rejections.

What Factors Determine Functionality in Trademark Law?

When a business develops a unique product design, packaging configuration, or trade dress, trademark protection may seem like the logical next step. However, not every

October 12, 2026 No Comments

Who Has the Burden of Proof in a Functionality Refusal?

Receiving a trademark refusal from the U.S. Patent and Trademark Office can be frustrating, especially when the refusal claims that your product design or trade

September 14, 2026 No Comments

What’s the Difference Between De Jure and De Facto Functionality? Infographic

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

August 17, 2026 No Comments