On My Mind Blog

Specimen of Hex-Shaped Dice Box

The U.S. Patent and Trademark Office (USPTO) generally refuses to register the configuration of a product as a trademark when that the configuration either is functional or does not identify a single source.  The Trademark Trial and Appeal Board (TTAB) usually affirms that refusal.

In the unusual case discussed below, the USPTO approved a configuration trademark.  That application was opposed upon publication, but the TTAB dismissed the opposition.  This case is instructive as to how to succeed in registering a product configuration trademark under appropriate circumstances.