TTAB Rules Multicolored Trademarks on Product Packaging Are Never Inherently Distinctive

Sean D. Detweiler (SDD)As we enter into fall, the leaves on the trees will soon be multicolored. They are sure to be inherently distinctive, with each tree being a unique creation. But as patent and trademark attorney Sean Detweiler explains in his new article Multicolored Leaves More Inherently Distinctive than Multicolored Trademarks, multicolored trademarks do not get the same distinction. On September 10, 2018, in In re Forney Industries, Inc., the Trademark Trial and Appeal Board (TTAB), in a precedential decision, held that a multicolored mark used on product packaging is never inherently distinctive. The TTAB further held that such marks can only be registered on a showing of acquired distinctiveness.

Learn more about the TTAB’s ruling in the full article on our website.