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In this case summary of In re Misty Everson and Christine Maynard at the Trademark Trial and Appeal Board (the Board) (3/31/2026), in its first precedential opinion of 2026, the Board affirmed a refusal to register an eight-slice pancake product configuration mark. Attorneys Kelsey Coplan, Colleen Hui, and John Whitaker review the Board’s decision and its considerations of the Morton-Norwich factors to determine whether the pancake product design was functional for trademark purposes. To read the summary, please visit here.

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