News & Analysis as of

Color Marks

BakerHostetler

In re Post Foods, LLC: TTAB Denies Color Mark for Post’s Fruity Pebbles

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The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC highlights the strategic and technical aspects involved in registering a...more

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® - December 2022: Red-dy for 2023? Viva Magenta Named Pantone’s Color of the Year

Earlier this month, the Pantone Color Institute announced its Color of the Year for 2023, Pantone No. 18-1750 "Viva Magenta" (think a brighter, more berry version of red velvet cake). In selecting the color representing...more

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

MarkIt to Market® - December 2022

Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's...more

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

MarkIt to Market® - January 2022: Very Peri – Pantone’s New Hue for 2022!

Last month, the Pantone Color Institute extended its influence on consumer tastes and designs by naming “Very Peri” as its Color of the Year for 2022. Rather than selecting a color from its existing and extensive palette, the...more

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

MarkIt to Market® - January 2022

Happy New Year! We’re excited to share the January 2022 issue of Sterne Kessler's MarkIt to Market® newsletter in a newly updated format. This month’s articles discuss the Pantone Color Institute's 2022 Color of the Year –...more

Hogan Lovells

Germany: Federal Court of Justice confirms trademark protection for color of Lindt’s “Gold Bunny”

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A small hop for chocolate bunnies, a big step for Swiss chocolate manufacturer Lindt & Sprüngli: The German Federal Court of Justice held that the particular shade of golden color is protected for Lindt & Sprüngli as a color...more

Smart & Biggar

The advantages of black & white when filing Canadian trademark applications

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Some foreign brand owners may be surprised to learn that in Canada, when seeking to protect design (or figurative) marks, it is sometimes better to register marks in black and white in cases where the marks would normally be...more

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

MarkIt to Market® - January 2021: It's a Two-fer: Pantone's Color(s) of the Year for 2021

For over 20 years, Pantone’s Color of the Year has influenced consumer tastes and product design in industries where aesthetics matter. Last month, the Pantone Color Institute continued its tradition by naming not one, but...more

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

MarkIt to Market® - January 2021

[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

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

MarkIt to Market® - April 2020: Color Marks for Product Packaging CAN Be Inherently Distinctive - What This Means for Your Brand...

Earlier this month, the Federal Circuit issued a precedential ruling on the question of whether a color mark for product packaging can ever be inherently distinctive, holding that the Trademark Trial and Appeal Board (TTAB)...more

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

MarkIt to Market® - April 2020

The April 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential Federal Circuit ruling about color marks for product packaging, takeaways from a recent Supreme Court decision regarding when an...more

Dorsey & Whitney LLP

Are Color Trademarks on Product Packaging Inherently Distinctive?

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On April 8, 2020, the Court of Appeals for the Federal Circuit issued a decision on an appeal from the refusal of registration of a color trademark by the Trademark Trial and Appeal Board. In this case, the applicant, Forney...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

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

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

MarkIt to Market® - December 2019

The December 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Pantone's color of 2020, a recent precedential decision about descriptive word marks in patent applications, and the new gTLD sunrise period. ...more

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

MarkIt to Market® - November 2019: Brand News on the Street

On November 25, Moët Hennessy Louis Vuitton (LVMH), the world’s biggest luxury goods group and home to 75 high-end brands, announced that it will buy Tiffany & Co. for $16.2 billion. Tiffany, the American jeweler established...more

International Lawyers Network

Understanding Trademarks Act Changes

On June 17, 2019, Canada’s Trademarks Act changed, resulting in its modernization. Canada has now joined five international intellectual property treaties, including the Madrid Protocol, Singapore Treaty and Nice Agreement,...more

Hogan Lovells

EU: CJEU to shed light on colour per se

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During the ECTA annual conference in Edinburgh last week, Andreas Renck spoke about the ongoing battle in registering and defending colour per se marks, in particular the question of how to correctly represent the marks on...more

Hogan Lovells

CJEU draws the (dotted) line on subject matter in figurative/position marks

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Judgment of 6 June 2019 in Case C-223/18 P Deichmann v EUIPO – Munich - The Court of Justice (CJEU) upholds the General Court (GC) finding that for a figurative mark featuring elements represented using dotted lines (in...more

Smart & Biggar

It’s the final countdown: Top 10 changes to Canada’s trademark law on June 17th

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After five years of anticipation, sweeping changes to Canada’s trademark law will finally come into force on June 17, 2019. The changes, which are substantial, have been canvassed in previous IP Updates. The following briefly...more

Smart & Biggar

Trademarks in Canada: A year of change and global harmony

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2018 was an exciting year for the trademarks profession in Canada. The long awaited changes to our Trademarks Act were announced, many of which will bring us in line this year with the rest of the world. There will also be a...more

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

MarkIt to Market - January 2019: New Year, New Hue!

Last month, the Pantone Color Institute announced that the color of the year for 2019 is PANTONE® 16-1546 Living Coral. Brand owners have long understood the psychology of color in creating their brand identity. The right...more

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