Trademark News & Screw-ups Stupid Square Donuts Trademark Dispute Still Going Strong Despite The Mark Being Purely Descriptive | Techdirt

There is always a risk of having your trademark invalidated for descriptiveness. However, Square Donuts' argument would probably be that the SHAPE of their donuts uniquely identifies the source of THEIR donuts, because nobody else was making square donuts. This, of course, begs the question whether registering the name as a word mark was the most effective way to secure the shape. What's also interesting is that Family Express tried to secure their own SQUARE DONUTS trademark and failed. It would be interesting to see how far into the court system this makes.

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