Your Federal Trademark Registration Isn’t BulletproofAugust 18, 2026

You have a federal trademark registration. So no one else can use your brand, right? Not quite.

Federal trademark registration provides important legal protections, but it is not a guarantee that your trademark will remain exclusively yours forever.  This year’s decision from the U.S. Court of Appeals for the Seventh Circuit, Illinois Tamale Company, Inc. v. LC Trademarks, Inc., offers an important reminder for business owners: protecting a trademark requires more than obtaining a registration. It requires choosing the right mark, using it correctly, and actively protecting it.

The “Pizza Puff” Problem

Illinois Tamale Company has sold its “Pizza Puff” product since 1976 and obtained a federal trademark registration for PIZZA PUFF in 2009. When Little Caesars introduced its “Crazy Puffs,” Illinois Tamale sued for trademark infringement.

But Little Caesars offered a compelling defense: “pizza puff” had become a generic term for a type of food rather than a brand. Their evidence—which the Seventh Circuit found persuasive—included dictionary definitions, third-party restaurant menus, and a consumer survey in which more than 80% of respondents identified “pizza puff” as a product category—not a particular brand. The Seventh Circuit ultimately reversed a preliminary injunction against Little Caesars. The court also noted that, even if “Pizza Puff” remained a valid trademark, Little Caesars could potentially rely on the legal doctrine of descriptive fair use because it was using the term to describe its product rather than to identify its brand.

What Does This Mean for Your Business?

The lesson is simple: A federal trademark registration is powerful—but it isn’t bulletproof.

Here are three things every brand owner should keep in mind:

1. Choose a strong trademark.
When selecting a brand, avoid names that merely describe your products/services, ingredients, qualities, or functions. Choosing a stronger mark at the beginning can save significant time and money later and will undoubtedly make it easier to prevent third parties from using your mark.

2. Use your trademark as a brand.
Don’t let your trademark become the generic name for your product. Use it consistently as a brand, associate it with your company, use the ® symbol once registered, avoid using your trademark as a generic noun for the product itself, and consider distinctive capitalization, stylization, or other branding that reinforces the mark’s role as a trademark. The goal is simple: when consumers see your trademark, you want them to think of you—not the product category.

3. Police your trademark.
Because widespread third-party use of your trademark—particularly use of the mark as a generic term—can weaken your rights over time, it is important that you keep an eye on how others are using your brand. Regular internet and marketplace searches—or a professional trademark watching service—can help identify potentially problematic uses early. Not every use requires a cease-and-desist letter, but you should know what is happening with your trademarks and decide when action is appropriate.

The Bottom Line
Registering your trademark is the beginning of trademark protection, not the end.

A federal registration gives you important rights. But protecting the long-term value of your brand requires something more: a strategy for choosing, using, and policing your trademarks.

Christine Lebron-Dykeman is Chair of the Trademark Practice Group at McKee, Voorhees & Sease, PLC. For additional information please visit www.ipmvs.com or contact Christine directly via email at christine.lebron-dykeman@ipmvs.com.