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Davide F. Schiavetti, Esq., Rothwell, Figg, Ernst & Manbeck, PC, USA
First published on

Color marks: how to prove acquired distinctiveness?

Davide F. Schiavetti, Esq., Rothwell, Figg, Ernst & Manbeck, PC, USA, First published on www.lexology.comThis year, one of America’s favorite cereals saw its hopes to register its yellow box as a trademark crushed under the weight of the burden to prove acquired distinctiveness. Qualitex Co. v. Jacobson Prods. Co. is probably one of the landmark decisions with respect to the interpretation of the language in Section 1127 of the Lanham Act that includes colors within the spectrum of registrable trademarks. In this decision, the Supreme Court reasoned that the wording “symbol” or “device” in the Act can encompass colors because human beings can use  read more