Before Dyk, O’Malley, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: Multi-colored marks may be inherently distinctive when used on product packaging. Forney filed a Trademark ...

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“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, ...

The Federal Circuit recently held in a precedential ruling that a “color mark” comprising a multiple-color pattern is capable of being inherently distinctive and of registration on the Principal ...