In the world of intellectual property, trademarks are usually associated with catchy names or colorful logos. However, for the national bakery chain Nothing Bundt Cakes, their most valuable asset might just be the “icing on the cake.”
Registration Number 3526479 represents a rare and fascinating example of a “trade dress” trademark—one that protects the specific visual design of a product’s frosting.
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The Anatomy of a Trademarked Design
Registered on November 4, 2008, this trademark does not protect the cake itself, but rather the unique way the frosting is applied. According to the United States Patent and Trademark Office (USPTO) filing, the mark consists of:
“Long, narrow strips of tubular ring-shaped frosting that expand radially outward from the center of each Bundt cake to a point on the outer edge of the cake… applied around the entire perimeter of the Bundt cake’s ring shape.”
Key Design Elements:
- The Shape: Thick, “tubular” ribbons of frosting.
- The Movement: Strips that radiate from the center hole toward the outer edge.
- The Uniformity: A continuous, symmetrical ring that follows the cake’s fluted edges.
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Why Frosting? The Power of Trade Dress
For a design to be trademarked, it must serve as a source identifier. This means that when a consumer sees those specific frosting petals, they should immediately think “Nothing Bundt Cakes” without even seeing a box or a logo.
To secure this registration, the company had to prove secondary meaning. They submitted consumer surveys showing that a staggering 83% of respondents associated this specific frosting pattern with their brand. This transformed a simple culinary choice into a legally protected piece of intellectual property.
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Protecting the “Petals” in Court
Having a federal registration number like 3526479 gives Nothing Bundt Cakes a massive advantage in the courtroom. It allows them to sue competitors who use “confusingly similar” designs.
- Case Study: Nothing Bundt Cakes v. Thornton (2021): The company successfully sued a Texas-based bakery called “All About Bundt Cakes.” The court granted an injunction, ruling that the competitor’s frosting was nearly identical and likely to cause consumer confusion.
- Recent Litigation (2026): As recently as January 2026, the brand has continued to aggressively defend this mark, filing suits against smaller bakeries (such as PhatCakes) to ensure their signature look remains exclusive.
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The “Icing” on the Brand
This trademark serves as a reminder to entrepreneurs that branding isn’t just about what you say; it’s about how your product looks. By turning a functional topping into a protected visual signature, Nothing Bundt Cakes ensured that while anyone can bake a bundt cake, only they can “dress” it in their world-famous style.