Hello all, I'm new here and have some questions, mostly about challenging existing trademarks.
What are the implications on trademarking colour schemes of a particular item that reached legendary status when previously used by another company, almost 20 years before the trademark owner registered it?
What is the legal standing of trademarking the colour of an item that already existed, period? It would seem that somoene would be able to trademark such things as...white paper...yellow pencils...red toothbrushes...or blue cars...
What can be done to challenge such an existing trademark many years after the fact? Can this be done? What about offering proof to the USPTO that such a coloured item existed many years before?
This trademark has damaged the livlihood of not only myself, but many other companies as well, including the companies that were making this colour scheme before the trademark existed. Pure and simply, it's anit-competitive. The trademark holder has capitalized on something that A) He did not invent and B) Had already become famous, simply for it's colour.
Now consider this: In the company catalouge, it states "The standard colorur for [this item] is [another colour]"
Excuse me? If you hold a trademark on the colour of an item, I would expect that your standard colour would be that colour.
Imagine my surprise (or dismay, rather) when I found that the very attorney on record of just such an existing trademark is a member of this forum. This person shall remain nameless for his privacy, but I expect they will know the trademark I refer to.
Thank you
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Topic: Tademarking the colour of an item (Read 1442 times)
