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United States Patent and Trademark Office › Color Marks

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Erise IP

What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs....

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

[co-author: Joseph Diorio, Law Clerk] The January 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses: a recent non-precedential TTAB decision on background designs; the Trademark Modernization Act;...more

McDermott Will & Emery

Federal Circuit Confirms Color Marks of Certain “Character” Can Be Inherently Distinctive for Product Packaging

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Reviewing a decision from the United States Patent and Trademark Office (“USPTO”) Trademark Trial and Appeal Board, the Federal Circuit vacated and remanded the Board’s refusal to register a trademark consisting of a gradient...more

McDermott Will & Emery

Color Marks Can Be Distinctive for Product Packaging

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Relying on Supreme Court precedent, the Federal Circuit overturned the USPTO’s refusal to register a multi-color trademark for product packaging, holding that color marks can be inherently distinctive depending upon the...more

ArentFox Schiff

A New Shade of Protectability

ArentFox Schiff on

The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2019: Color Talk - Pantone's Color for 2020 and Other Thoughts

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Earlier this month, Pantone announced that its color for year 2020 is PANTONE 19-4052 Classic Blue. Pantone describes Classic Blue as a timeless hue, one that is evocative of the sky at dusk, bringing “a sense of peace and...more

Bowditch & Dewey

Six Things You Didn’t Know About Trademarks

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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

Knobbe Martens

Trademark Review - Covidien and Reynolds (March 2014)

Knobbe Martens on

The Board Has Power to Restrict the Scope of a Color Registration - Covidien sought to register a mark that consists of “the color pink (Pantone PMS 806)” as applied to medical connectors and lead wires for use with...more

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