Alerts5.13.20
Federal Circuit Holds Packaging Color Combinations Can Be Inherently Distinctive
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.
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