Trademark News & Screw-ups T-Mobile parent Deutsche Telekom asks company with pink color theme to 'cease and desist'

This is a perfect example of why color claims in trademarks can have value. The literal parts of the brands have nothing in common, but because the color scheme is virtually the same, there is a strong likelihood of confusion. Which is why we often recommend to brand owners with distinctive color schemes in their brands to file TWO applications— one that does claim color as a feature of the mark, and the other one that doesn't. This way you get the best of both worlds— you get to protect the literal part of the brand or the shape of the logo, in any color combination, AND you get to protect the color scheme, as it may be applied to noticeably different words or images.

The video below features Andrei Mincov's commentary of this article.

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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.