Soda Pop, Chocolate, and Product Configuration Trademarks

In our last post, we looked a colors of products or packaging as potential trademarks that can be protected for certain brands.  This time, let’s consider products themselves.  Not the packaging of the products or the colors used in advertising, but the things themselves.  When can the shape of the thing carry trademark rights for its sellers, […]

Trademark Likelihood of Confusion and Crowded Fields – Room for One More?

Likelihood of confusion rejections – 2(d) refusals – are a common type of obstacle for a trademark application.  When the examining attorney finds a similar-looking trademark in the USPTO records, for similar-seeming goods or services, up goes the 2(d) flag. What if there is not just one other user of a similar mark, but many? […]