When a Brand's Visual Identity Has Serious Trademark Implications


The strategic use of color can make all the difference in the world -- particularly the trademark world -- when creating the visual identity for a brand, as color can be a very helpful legal tool in communicating the brand's underlying meaning.

And the meaning of a brand and its trademark, or a portion of its trademark, can have many legal implications, including but not limited to whether the mark is descriptive or suggestive, strong or weak, inherently distinctive or not, whether a disclaimer might be required, whether or not a likelihood of confusion exists, and whether or not there is a valid fair use defense.

Especially when a brand name is composed of compressed or telescoped words, the intended meaning behind a brand name can be lost on consumers without the careful use of color combinations...

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