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!

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