August 11, 2025 Hello Reader, It’s tempting to think that if you’ve designed something innovative—something instantly recognizable in the market—you should be able to trademark it. But in trademark law, there’s a critical rule you can’t ignore: If your design is functional, it can’t be registered as a trademark. A recent decision from the Trademark Trial and Appeal Board (TTAB) involving the Shibumi Shade beach canopy illustrates this point clearly. Shibumi Shade applied to register the 3D...

August 4, 2025 Hello Reader, Most people assume that when the USPTO refuses a trademark application, that’s the end of the road. But every so often, a case comes along that reminds us: the USPTO isn’t always right, and their decisions can be overturned. A recent example? The trademark ENAIRA, which the USPTO tried to block under Section 2(a) of the Lanham Act for supposedly suggesting a false connection with the Central Bank of Nigeria. Despite a messy and prolonged prosecution...

July 28, 2025 TMtelegram Hello Reader, If your trademark application has ever been blocked by a strange, unfamiliar registration—one with a made-up name or suspicious “proof of use”—you may have run into a growing problem in the trademark world: specimen farms. The USPTO recently issued a public warning about these setups, and it’s something every business owner and brand builder should understand. Because if you’re doing things right—actually using your brand in commerce and building your...