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

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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.

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Published In: Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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