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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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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