Recipe For Success: How A Food Becomes A Trademark

Law360 (January 10, 2019, 6:22 PM EST) -- The weird shape of Bubba Burgers, which the U.S. Patent and Trademark Office tentatively registered as a trademark this week, is hardly the first food design to secure such protection, but doing so is no easy task.

Granted preliminary approval Tuesday for the irregular shape of its hamburger patty, Bubba Foods LLC is the latest in a long line of brand owners that have sought to register the configuration of a food product itself — as opposed to a name, logo or packaging — as a federal trademark.

Bubba Burgers' unusually shaped patty. According to Catherine H. Stockell, a trademark attorney...

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