Trademark Application

Attorney Amanda Westfall successfully appealed a rejection of a client’s trademark application for likelihood of confusion with the TTAB. Amanda presented overwhelming evidence and withstood a blistering oral argument to get the client’s trademark allowed by the USPTO. Great job Amanda!

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

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

July 13, 2026 No Comments