It’s Not Easy Being Green (If You Are a Color Trademark for Medical Gloves)
By EsqSocial Corporation 08/05/25
In refusing registration of the color green for “chloroprene medical examination gloves,” the Federal Circuit adopted — for the first time — a legal test for genericness of color marks. The decision underscores the high bar for registering colors as trademarks under US law and further highlights the importance of identifying and promoting colors as marks as well as the need for careful drafting of applications seeking to protect such marks....
By: ArentFox Schiff