Alerts5.13.20

Federal Circuit Holds Packaging Color Combinations Can Be Inherently Distinctive

color

The USPTO cannot summarily refuse applications to register packaging color combinations without first considering their inherent distinctiveness

Color combination marks on product packaging can be inherently distinctive, and thus registrable as trademarks without proof of acquired distinctiveness, according to an April ruling by the U.S. Court of Appeals for the Federal Circuit in In re Forney Industries, Inc. 

Keep Up to Date in a Changing World

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you’re interested in learning more about.
Subscription Banner