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Extra Proof Needed for Package Coloring to Qualify as Trademark (2)

Sept. 11, 2018, 2:41 PMUpdated: Sept. 11, 2018, 8:53 PM

Package coloring can’t be registered as a trademark without additional proof that consumers connect the colors and the brand, a federal trademark tribunal has ruled.

The Trademark Trial and Appeal Board rejected a bid by hardware and tool maker Forney Industries Inc. to register the black, yellow, and red color pattern of its packaging.

The Sept. 10 ruling shows that companies trying to claim a color or colors as a trademark need to present evidence of consumer perception when filing a registration application, Jedediah Wakefield, a trademark litigator with Fenwick & West LLP, San Francisco, told Bloomberg Law in an...

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