Grab Some Buds and Pop a Red Top (or Tab)?


Given how much we know you enjoy the subject of non-traditional trademark protection, here is a recent one from Anheuser-Busch:

The description of the mark reads: "The mark consists of a design feature of product packaging, namely, a red colored tab on a can, which features a crown design that is transparent. The dotted lines outlining the top of the can, outlining the tab, and all other lining on the tab, indicate placement of the mark on the goods or are functional attributes of the can and the tab and are not claimed as part of the mark."

The trademark registration for this product packaging design feature issued just last month as an inherently distinctive mark without the need for a showing of acquired distinctiveness and with fairly little flexing of trademark muscle or need of six-pack-ab-style effort during trademark prosecution.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:


Winthrop & Weinstine, P.A. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.