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”).

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