‘Unbinding’ precedent: TM protection for packaging colour schemes now more attainable
A “double bind” is an apt way to describe the challenges faced by brand owners seeking to establish rights in the colour scheme of their packaging when launching a new product. For the most part, the US Patent and Trademark Office (USPTO) has refused to register such asserted marks absent a showing of acquired distinctiveness (sometimes called “secondary meaning”).
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9 April 2020 In a precedential ruling, the US Court of Appeals for the Federal Circuit has overturned a decision on the protection of colour under trademark law.
28 July 2020 An Australian contraceptive wholesaler has legal standing to challenge a trademark for the ‘Naked’ brand of condoms, the Federal Circuit has ruled.