News & Analysis as of

Color Marks

Six Things You Didn’t Know About Trademarks

by Bowditch & Dewey on

Brewers can protect the uniqueness of their brands of brew and brewery names by filing for federal registration of their trademarks. Here are a few things about the process that are good to know...more

Colour it Mine: Protecting Colour Trademarks in Canada

by Smart & Biggar on

Colours can function as indicators of source, and many colours acquire distinctiveness over time. When thinking of the colour green in association with farm tractors, the John Deere company may come to mind. Or seeing the...more

White Color Trademark Goes Up in Flames

A couple of years ago, our friend John Welch over at the TTABlog reported about a white color trademark that had acquired distinctiveness, according to a rare precedential TTAB decision...more

Significant Intellectual Property Trademark Decisions

by Harris Beach PLLC on

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a...more

Ultra Violet is the New Black

The color purple has long been associated with royalty, so perhaps it should come as no surprise that Pantone’s color of the year for 2018 --the year of the next royal wedding-- is PANTONE® 18-3838 Ultra Violet, a blue-based...more

Bringing some colour to colour marks: What to consider when protecting abstract colour

by Hogan Lovells on

The colour of a product plays an important role in identifying its commercial origin. For this reason, seeking protection for abstract colour marks is a very valuable asset in trade. ...more

John Deere: These Colors Don’t Run

by Winthrop & Weinstine, P.A. on

Growing up with a farm in the family, I learned early on that Nothing Runs Like Deere®. As people tend to do, we named all of the tractors – after Masters of the Universe characters, of course. There was a front-loader...more

Cheerios Yellow Box Rejected For Trademark Registration

by Ladas & Parry LLP on

In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient evidence to support the...more

Owning a (Wholesome) Four Letter Word

by Winthrop & Weinstine, P.A. on

I’m not talking about those kinds of four letter words (by the way, we’re still awaiting the Brunetti decision to learn their fate), so today I’m talking about this wholesome kind...more

The Cheerios Challenge of Registering Color Marks

by McDermott Will & Emery on

The Trademark Trial and Appeal Board (TTAB) delivered a primer on demonstrating the acquired distinctiveness of product packaging or trade dress, including color marks, in refusing registration of a trademark application for...more

New challenges and opportunities for pharmaceutical trademarks in Canada

by Smart & Biggar on

In Canada, trademarks for pharmaceutical preparations and related products have faced numerous challenges, some of which are unique to the industry. This article will canvas the current issues as well as the important changes...more

General Mills Finds Out That Yellow Is Not “Magically Delicious”: Brands Fighting To Protect Their True Colors

by Knobbe Martens on

Years after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that...more

Cheerios Registration Refused for Yellow Color Mark

For the past couple years, General Mills has battled to register a yellow color mark in connection with its Cheerios® breakfast cereal. More specifically, back in 2015, General Mills applied to register (Serial No. 86757390)...more

Unique but Not Distinctive–Colour and Shape Trademark Applications Rejected for Asthma Inhalers

by Bennett Jones LLP on

Trademark protection for the shape and colour of pharmaceutical products remains elusive. Even if the appearance of a tablet or inhaler is unique, a trademark registration will be rejected without evidence that physicians,...more

Prepare for Canada Day by Reviewing Your Pending Industrial Design Applications

by Smart & Biggar on

July 1, 2017, is Canada’s 150th birthday. But it is also the deadline for taking certain actions in respect of pending Canadian design applications. As previously reported, on January 16, 2017, the Canadian Industrial...more

Chartreuse Color Trademark Still on the Loose

Back in December we wrote about a trademark infringement case (Weems v. Plews) involving claimed exclusive rights in the color chartreuse as applied to various kinds of hoses....more

Japan Legal Update - Volume 24 | April 2017

by Jones Day on

Labor - Japan's Action Plan for the Realization of Work Style Reform - Prime Minister Shinzo Abe recently held 10 meetings of the "Council for the Realization of Work Style Reform," to discuss reforms to Japan's...more

8th Circuit Trademark Year in Review 2016

I recently presented a CLE at the Bar Association of Metropolitan Saint Louis that covered many of the most important trademark cases from 2016 that were decided in the 8th Circuit. Here are some of the key teachings from...more

Colourful designs and a streamlined practice get the green light in Canada

by Smart & Biggar on

Yesterday, the Canadian Industrial Design Office announced changes that significantly modernize and streamline six of its office practices, substantially benefitting applicants seeking protection for their designs in Canada....more

Chartreuse Color Trademark on the Loose

We’ve written a lot about single color trademarks here over the years. Weems, the owner of the Flexilla brand has unleashed its federally-registered chartreuse-colored non-traditional trademark for “compressed air hoses”...more

Just Wait Until the USPTO Lays Its Hands on These Single and Dual Color TM Applications

by Winthrop & Weinstine, P.A. on

Back in 2009, we wrote about what was then Kimberly Clark’s pair of single color purple trademark registrations in connection with “gloves for medical and surgical uses” and “disposable nitrile gloves for general use,” now...more

Beyond Black and White

Last month, Federal Express announced that all of its logos moving forward would use the brand's recognizable purple and orange color scheme. Before this change, each division of the company used different colors paired with...more

EU Retail News - May 2016

UK: How to comply with consumer protection laws — are you faking it? On 4 March 2016, the UK Competition and Markets Authority ("CMA") published guidance for businesses on how to comply with consumer protection law...more

Nominative Fair Use, as Illustrated by Colorful Balls

If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one of the recent cell phone carrier ball commercials....more

Another Cliche Color Trademark Calamity?

by Winthrop & Weinstine, P.A. on

Techdirt is crying foul (again) and this time, wrapping the “trademark bully” mantle around the magenta-colored neck of the T-Mobile brand for enforcing its color trademark against OXY....more

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