Written by Susan Neuberger Weller A recent TTAB case addresses the issue of functionality and protection of design. In the case In re Navy Exchange Service Command, (“NEXCOM”), the TTAB issued a non-precedential decision on September 29, 2012 in which it reversed the Examining Attorney’s refusal to register four irregular block-shaped, multi-colored pixilated pattern design… Continue Reading
Category Archives: Product Configuration
Subscribe to Product Configuration RSS FeedHershey Thinks Outside the Box (or the Candy Wrapper) in Seeking Trademark Protection for a Product Shape
Posted in Product Configuration, Trademark, Trademark Prosecution, Trademark Trial and Appeal BoardWritten by Susan Neuberger Weller On July 2, 2012, the U. S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB” or “Board”) granted Hershey’s request to register the design and shape of a chocolate bar as a trademark on the Principal Register. The design was described as “a configuration of a candy bar… Continue Reading
