A couple of trade mark rulings over colour trade marks and slogans hit the headlines recently:
Frucor Beverages, owner of the V energy drink, attempted to trade mark the green colour (Pantone 376C) used on its drinks can but this was blocked by Coca-Cola as Pantone 376C was said to not distinguish V because other soft drinks already used similar colours. Frucor Beverages is set to continue this legal battle at the US Federal Court.
Whole Foods Market tried to trade mark the slogan “World’s Healthiest Grocery Store” but this was rejected by the United States Patent and Trademark Office (USPTO) as they stated the slogan was “merely descriptive.” Whole Foods Market have outlets in the United States, the UK and Canada which does not equate to a global footprint. The phrase “World’s Healthiest Grocery Store” has also never been used by the retailer as a slogan in their marketing.