Anyone who loves a good meat patty has undoubtedly tried a smash burger in recent years. These flattened culinary delights provide a crispy form of hamburger that traps juices within the meat. What many people may not realize is that one company actually owns the Smashburger trademark. However, challenges over this brand’s intellectual property rights are increasing.

Smash burgers are not a recent food evolution. In fact, some historians believe the first hamburger in America was likely a smash burger. However, the term exploded in popularity after the restaurant chain Smashburger IP Holder LLC (i.e., Smashburger) opened in 2007. This helped the company secure various trademark registrations at the time.

The brand has faced several intellectual property issues over the years. However, a recent trademark filing could mean additional trouble for the Smashburger trademark.

The Fight Over the Smashburger Trademark

Considering the long history of smash burgers in America, it’s no surprise that the Smashburger fast food giant has run into problems. The European Union Intellectual Property Office (EUIPO) recently denied registration for “Smashburger,” saying it merely described a cooking technique. The company also faced pushback over a recent logo rebrand.

Still, Smashburger IP Holder LLC has managed to secure various trademarks from the U.S. Patent and Trademark Office (USPTO). Some of these have even become incontestable trademarks – which grants the company heightened protection from challenges to their rights. Still, this did not stop another brand from attempting to trademark a similar term.

On October 24, 2025, Bam Holding submitted an application to trademark their “Junk Smash Burger” logo. In the logo, the word “burger” is not capitalized, and “smash burger” is presented as two words rather than one. This could potentially be an effort to distinguish the brand from the more popular Smashburger business. However, it seems this effort was not enough.

Smashburger Brand Files Opposition

On May 12, 2026, Smashburger IP Holder LLC filed a trademark opposition against the Junk Smash Burger trademark application. In the filing, the brand claims that registering the term would cause consumer confusion and dilute its brand. Since Bam Holding plans to use the name for its own burger brand, it seems obvious how such confusion could arise.

Between a likelihood of confusion and trademark dilution claims, Bam Holding could have an uphill battle ahead of it. The dispute seemingly stems from the brand’s desired logo, which features the words “smash burger” – just like the various logos used by Smashburger IP Holder LLC. However, it’s also easy to envision a scenario where Smashburger could lose its rights.

Put simply, trademarks cannot be merely descriptive. This is why the EUIPO rejected the application from Smashburger IP Holder LLC. At a minimum, the smash burger cooking technique has been around for decades. So, how can one company claim ownership over such a popular cooking method?

Smashburger: The Right Place at the Right Time

In most cases, well-known culinary techniques cannot simply be trademarked. However, one must look at the context surrounding the Smashburger trademark. Back when the popular company opened in 2007, the term “smash burger” as a cooking method was not nearly as mainstream as it is today.

While these burgers are nothing new, the name Smashburger for a brand certainly was. When most consumers heard the words “smash burger” back in 2007, they immediately thought of the Smashburger fast food brand. This alone could make the term a distinctive trademark. The increased use of this terminology happened only after the fact.

However, the Smashburger trademark could possibly become generic. “Genericide” has occurred to many popular trademarks – ranging from Aspirin to Escalator. Smashburger IP Holder must continue to fight to prevent their trademark from becoming generic. Filing trademark oppositions is one way that companies do this.

Could the Smashburger brand one day lose its intellectual property rights? Possibly. Still, it seems the brand is ready to fight tooth and nail to stop this from happening.