Trademarking a colour??

[Robert]

Yesterday I spotted a flourescent orange van in the distance. And i thought to myself that was a good way to get noticed, if I can spot it THIS far away. I disregarded the thought of painting my car a similar colour - too tacky.

However, when I when I caught up with the van I noticed firstly it was a DynoRod van. Secondly, it said on the back, somthing like, "DynoRod and the DynoGlo colour are tradamarks"

I didn't know you could trademark a colour! Also, given than there are an infinate number of colours and therefore and infinate number of flourescent orange colours, couldn't I just change the orange by, 1% say, and not be in breach of ther trademark laws.

This is not a serious discussion. I have no intention of doing anything like this, so no need for lawyers etc! Just your comments!

Also, I notice DynoRod is now part of British Gas. I didn't know that either!

[Cornish Steve]

Yesterday I spotted a flourescent orange van in the distance. And i thought to myself that was a good way to get noticed, if I can spot it THIS far away. I disregarded the thought of painting my car a similar colour - too tacky.

However, when I when I caught up with the van I noticed firstly it was a DynoRod van. Secondly, it said on the back, somthing like, "DynoRod and the DynoGlo colour are tradamarks"

I didn't know you could trademark a colour! Also, given than there are an infinate number of colours and therefore and infinate number of flourescent orange colours, couldn't I just change the orange by, 1% say, and not be in breach of ther trademark laws.

This is not a serious discussion. I have no intention of doing anything like this, so no need for lawyers etc! Just your comments!

Also, I notice DynoRod is now part of British Gas. I didn't know that either!
For sure you can trademark a colour. One insulation company (I forget which) has the mark on pink.

[creospace]

Wheres cross guard. How on earth can you trademark a colour. This worlds has gone crazy (but then we knew that)!

It's like macdonalds trademarking ' i'm lovin it ', a common phrase.

There are big corporates out there that could trademark the rainbow then we're all stuffed.

[cqueen]

The future's bright...

[Eagle]

*
The future's black... ;)

[DuaneJackson]

See? You should have all attended my event last week on IP - this was discussed in detail.

You can trade mark a colour (you use the pantone reference). You trademark it fir use in certain areas (forgot the techinical term). For instance Orange have a specific shade of Orange trademarked for use in the telecoms area - so they weren't happy with easyMobile (even though it was a gfew shades different) but it got settled amicably in the end.

[BlackBerryUK]

i honestly think this is madness.. next they will be trademarking the way people breath or blink ;)

[creospace]

you see you trade mark a partiular color and only that color is protected, so why moan if someone else uses a different shade, the corporate hoars of this world want it all.

[DuaneJackson]

so why moan if someone else uses a different shade, the corporate hoars of this world want it all.

"likely to lead to cunfusion" is a good enough reason to complain.

[creospace]

complain maybe but there is no grounds for it , at the end of the day it's not the same shade or pantone reference.

I think I might trademark me a few some pantones, retirement fund ;)

[DuaneJackson]

Damn, I wish I had my notes with me. There would be grounds if the use of a similar colour or mark was likely to cause confusion.

And you wouldn't be able to trademark the pantones for your retirement fund I don't think - it'd be seen as a..... damnnit whats the word?

Can someone project the Crossguard logo into the sky?

[Robert]

Surely Pantone got there first. They "invented" the colour :D

[creospace]

nah i think God was there first :)

and if you think he can get mad, you should see his legal department!

[VeryMark]

You can register a single colour as a trade mark but only if you can produce substantial evidence to show that through long and extensive usage it's become recognised as your brand.

Use of a similar colour would infringe if likely to cause confusion but in practice that would probably be interpreted fairly narrowly.

And anyone can say that something is their trade mark, that doesn't mean it's registered necessarily.

[fastfences]

Cadbury's blue/purple has been registered for years!

N

[creospace]

Nigel, perhaps you should register creosote brown, think of the royalties!

[fastfences]

Nigel, perhaps you should register creosote brown, think of the royalties!

Hmmm, I think you've been reading too many of Jayne's posts! :lol:
Cheers, Nigel

[VeryMark]

From an application made on 19th May 1995, registered as:

"The mark consists of the colour purple (Pantone 2685C) as shown on the form of
application, applied to the whole visible surface, or being the predominant
colour applied to the whole visible surface, of the packaging of the goods".

[dcraigdc]

Black London Cabs. Could they trademark black in their industry then? They'd pretty much have a monopoly as I don't see that many shades of black around...

[coxadmin]

Also, I notice DynoRod is now part of British Gas. I didn't know that either!

Until last week, we didn't know that either - we had cause to call them out and it was on their paperwork. I do have to say they did a fantastic job and the price was UNDER what was quoted.

[fastfences]

I do have to say they did a fantastic job and the price was UNDER what was quoted.

That's what I do, Lynne; always Invoice £5.00 under quote. Makes me look like a great guy!!
Cheers, Nigel