Inventive Branding and Maximizing Mental Property Safety With Colour

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Branding word on blue background

Brand protection strategies can go beyond trademark rights to a name or logo used in connection with a product. For example, the color of a product or its packaging or parts of a product or packaging can be protected as a trademark in addition to the name of the product. In the fashion context, color as a brand can strengthen brand identity and transform products and services that would otherwise be unprotected into distinctive and exclusive products. Established companies have used these strategies by adding a red sole on a shoe (Christian Louboutin), Robin's egg-blue boxes and drawstring bags for jewelry and bespoke items (Tiffany & Co.), and multi-colored stripe combinations on belts, shoes and handbags (Gucci).

In view of this broad scope of protection, the rights of others should be carefully considered during product development in order to avoid any confusion with the non-functional shapes and colors of established brands.

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