The Trademark Reporter®
Global Trademark Resources

July-August, 2012 Vol. 102 No. 4 Back to TMR Main Page
Color, Champagne, and Trademark Secondary Meaning Surveys: Devilish Detail
    This article first outlines the requirements for trademarking
color and describes the VEUVE CLICQUOT brand. It then
describes possible designs for testing whether the color orange serves as a trademark. For each element of the survey, the design dilemmas that must be resolved prior to implementation are described, and specific solutions to these design dilemmas are suggested. As a final contribution, the article looks at arguments that may be raised against the design elements and suggests ways that these arguments may be anticipated and minimized by using a specific design logic. In this way, this article will help expert
researchers produce specific, defensible designs that will be of use to courts and tribunals.
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