Hammer-Schlagen®
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Our Trade Dress

The Hammer-Schlagen® Trade Dress

Hammer-Schlagen® engages in commerce under a specific configuration of shapes, designs, and materials that compose a specific visual appearance. Our trade dress[1] gives rise to the elements found in our logo[2]. Officially, our trade dress is described as a three-dimensional trademark comprised of a cylindrical cross-section of a tree with nails positioned around the outer circumference of its upward facing flat circular surface and a cross-peen hammer[3]. Generally, the Hammer-Schlagen® trade dress uses 16d common bright nails with a 3-pound hammer and plains cottonwood (because it is Minnesota's largest diameter tree[4]). Note, however, that our trade dress need not encompass these exact elements; anything confusingly similar may also be considered our trade dress. Beginning in the in the 20th century, our widespread use of this distinctive decor created an environment that generated recognition in the eye of the public to immediately affiliate the use of our trade dress with Hammer-Schlagen® and our other trademarks.

Our Trademarks

Hammer-Schlagen® is the common tradename of WRB, Inc. of Minnesota. We have engaged in commerce on a regular and continuous basis under a family of copyrights, trademarks, and servicemarks, both registered and unregistered, throughout the United States. They include, but are not necessarily limited to:

  • The Hammer-Schlagen Trade Dress; [1]
  • The Hammer-Schlagen Logo; [2]
  • The phrase "Let's Play Hammer-Schlagen;" [2] [5]
  • The phrase "Hammer-Schlagen" (a/k/a "hammerschlagen"); [6] [7] [8]
  • The phrase "Get Hammered;" [9]
  • The phrase "Get Nailed;" [10]
  • The phrase "Got Wood;" [11]
  • The phrase "Whack It;"
  • The phrase "Get Bent;"
  • The letters "HS;" [2] and
  • The Hammer-Schlagen Rules. [12]
Puyallup, WA:  Hammer-Schlagen® Tournament Of Champions at Oktoberfest Northwest

Our Brand

Our trademarks, copyrights, and trade dress comprise our Hammer-Schlagen® brand. The use of any one or more element of our brand creates recognition in the mind of consumers in the marketplace as to the source and origin of the services offered thereunder as Hammer-Schlagen®. We are unaware of any other source or origin which has offered our service under any element of our Hammer-Schlagen® brand anywhere in the world predating our use (or that of our predecessors). If you have any credible evidence demonstrating otherwise, we encourage you to submit your evidence to Hammer-Schlagen® for our most eager review!


Any unauthorized use of our Hammer-Schlagen® brand (including the use of our trade dress) is strictly prohibited! A trademark owner victimized by the willful counterfeiting of their trademark may be awarded up to $2,000,000 in statutory damages per unauthorized use as described in 15 USC ยง 1117(c)(2).


[1]WRB, Inc. claims the common law right to use this mark in commerce, and can prove: its origin in the United States dating to at least as early as 1957; its use on a regular basis as least as early as September 1988; and our substantially exclusive and continuous use in commerce regulated by the United States Congress as least as early as 26 February 1999.
[2]United States Patent And Trademark Office. Let's Play Hammer-Schlagen HS (Incontestable Registration). Reg. #2405337.
[3]Trademark Official Gazette. 4 April 2017, TM 741.
[4]Minnesota Department of Natural Resources. List of Native Big Trees. http:////www.dnr.state.mn.us/trees_shrubs/bigtree/deciduous.html.
[5]Minnesota Secretary Of State. Let's Play Hammer-Schlagen. #216908.
[6]United States Patent And Trademark Office. Hammer-Schlagen. Reg. #4804117.
[7]Minnesota Secretary Of State. Hammer-Schlagen. #724431600026.
[8]Michigan Department of Licensing and Regulatory Affairs. Hammer-Schlagen. #D7124A.
[9]United States Patent And Trademark Office. Get Hammered. Reg. #4918202.
[10]United States Patent And Trademark Office. Get Nailed. Reg. #4798570.
[11]United States Patent And Trademark Office. Got Wood. Reg. #4798590.
[12]United States Copyright Office. Hammer-Schlagen Rules. Reg. #TX 8-092-585.
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