Short Stack, Tall Problem: Branding Guides and Functionality at the TTAB

In its first precedential decision of 2026, the Trademark Trial and Appeal Board served up a cautionary tale in In re Misty Everson and Christine Maynard, Serial No. 97104306 (TTAB Mar. 31, 2026), involving three-dimensional product design trade dress of a pancake sliced into eight uniform wedges....
By: Sterne, Kessler, Goldstein & Fox P.L.L.C.


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