kardash-shutterstock-com
5 May 2020TrademarksAndrea Anderson

‘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”).

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Trademarks
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.
Trademarks
5 November 2019   An insurance company is trying to invalidate T-Mobile’s parent company’s claim to exclusive rights over the colour pink.
Trademarks
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.