May 21, 2026

Hello Reader,

Most businesses focus on how to promote their product.

Very few think about how that messaging affects their trademark.

There was a recent case involving a product design.

The company applied to protect the configuration of the product itself.

At first glance, it seemed distinctive.

But the issue was not the design.

It was how the company described it.

In their own materials, they highlighted:

• ease of use
• convenience
• efficiency
• practical benefits

That makes sense from a marketing standpoint.

But it created a problem.

Because if a feature is functional, it cannot be protected as a trademark.

The Trademark Trial and Appeal Board relied on the company’s own language to conclude that the design served a practical purpose.

That was enough to refuse the application.

This is not an outlier case.

It happens more often than people realize.

Businesses naturally want to explain why their product is better.

But if you are trying to protect something as a trademark, especially:

• a product design
• packaging
• a unique feature

those same explanations can work against you.

There is a balance.

You can absolutely market your product.

But you also need to be aware of how those elements are being positioned.

Are they being presented as features?

Or as branding?

That difference can matter more than it seems.

If you are filing a standard word mark, this issue is less likely to come up.

But if your strategy goes beyond the name, it becomes important quickly.

If you are early in the process, this is easier to manage.

If you are already moving forward, it is still worth reviewing.

Recent trademark registrations this week

Congratulations to these founders whose trademarks were successfully registered by our firm:

All the best,

J.J. Lee and the Trademark Lawyer Law Firm Team

P.S. If you are thinking about filing a trademark, this is where I would start:

​Trademark Registration Options Here​

​trademarklawyerfirm.com​
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