Before Dyk, O’Malley, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: Multi-colored marks may be inherently distinctive when used on product packaging. Forney filed a Trademark ...

On April 8, 2020, in In re: Forney Industries, Inc.,[1] the Federal Circuit reversed the Trademark Trial and Appeal Board’s finding that a color mark can never be inherently distinctive. By so holding ...

April 26, 2024 - A specific color or color combination can be the subject of common law trademark protection and/or federal registration with the U.S. Patent and Trademark Office ("USPTO") in certain ...

Colour marks are notoriously difficult to register internationally, particularly in Denmark, and perhaps for good reason. Colour can have a profound and sometimes unexpected impact on people and has ...

On November 4, the Brussels Commercial Court issued a decision regarding the Community trade mark Veuve Clicquot Ponsardin number 5069711 (figurative mark), Benelux trade mark number 746608 and CTM ...

A number of recent Australian cases have narrowed the ability of traders to claim a monopoly in a pure colour for use as a trade mark. In the first case, Woolworths Limited v BP plc [2006] FCACF 132, ...

“As it ruled in Sunrise Jewelry, the Federal Circuit said that following Medisafe’s reasoning would afford more protection under the Lanham Act to a color mark than a word mark, undermining the Act’s ...

“In most countries in Asia, any color-based trademark application will, for sure, at least at the first round, be rejected on the grounds of lacking distinctiveness.” With their creative minds, ...

According to research, up to 90% of consumers’ snap judgments made about products can be based on color alone. Color also plays an important role in brand identity. Coca-Cola is red, Facebook’s blue, ...

Colour trademarks are growing in popularity in Russia. However, to ensure their registration, the colour in question must be capable of sufficiently distinguishing the product or service and its ...