Qualitex changed that. The Court ruled that color can function as a trademark so long as it is (1) non-functional and (2) has acquired distinctiveness—also known as “secondary meaning.” In Qualitex, ...

Not only are a college’s logo, mascots, and slogans protected by trademark law. So is its color scheme, a federal court has ruled. The decision marks the first time a court has ruled that the simple ...

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 ...

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 ...

Color can be a powerful tool for brand recognition, but securing trademark protection for a color mark involves unique legal and evidentiary challenges. Recent decisions from the Federal Circuit and ...

From Palette to Protection: When Does Color Function as a Trademark? While companies like UPS have successfully used color as a trademark, securing trademark protection for a color can be challenging.

“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, ...

In the summer of 2019, a small insurance startup named Lemonade received a cease and desist letter from telecom giant T-Mobile, accusing them of stealing their trademark color: Pantone Rhodamine Red U ...

How many of you can close your eyes and picture the exact shade of green that Starbucks uses on its mugs? Or the exact color that adorns the box of a Barbie doll? These colors are a crucial part of ...

The Pantone color system, which designates a number for just about every color under the sun, has been used across design industries as a way to create a standard matching system and universal point ...

When the U.S. Court of Appeals for the 2nd Circuit hears oral arguments later this month in shoe designer Christian Louboutin’s appeal to protect his trademark on red lacquered soles, opens new tab, ...