Trademarking Color: The Role of Survey Evidence

D.H.B. Bednall, Marie Ashwin () and Alan Hirst
Additional contact information
D.H.B. Bednall: Deakin University [Burwood]
Marie Ashwin: Métis Lab EM Normandie - EM Normandie - École de Management de Normandie = EM Normandie Business School
Alan Hirst: AU - Assumption University of Thailand

Post-Print from HAL

Abstract: Survey evidence is often adduced in trademark proceedings (Corbin & Gill, 2008) to test for passing off (Hoek & Gendall, 2003; Swann, 2008) and to see whether a name or symbol is generic. This paper focuses on a third area, whether a word, symbol or color acts as a badge of origin for a brand (Jones, 1988 -1989), thus allowing their registration as a trade-mark. Past papers have reviewed faults with previous studies and given guidelines for the future (Gough, 2008; Hoek & Gendall, 2003; Morgan, 1990; Swann, 2008). However, they often lack crucial implementation details, fail to show how the various elements of the survey interact, do not always specify how the research task or topic is framed for interviewees and suffer from a limitation of testing secondary meaning through measuring various kinds of association, not identification. A specific survey design is proposed that addresses these four issues. It does so in the context of color and champagne, that is, whether a particular color, namely ``orange'', acts as a trademark for the Veuve Clicquot (VC) brand (Veuve_Clicquot, 2009). This color is registered in Europe (Dickerson, 2006) and Australia (Forno, 1999), though no survey evidence was adduced. no, 1999), though no survey evidence was adduced. © 2017, Academy of Marketing Science.

Keywords: Alcohol Outlet; Customer Relationship Management; Sparkling Wine; Survey Evidence; Trade Mark (search for similar items in EconPapers)
Date: 2017
References: Add references at CitEc
Citations:

Published in Springer Nature, pp.118, 2017, Developments in Marketing Science: Proceedings of the Academy of Marketing Science, 23636165 (ISSN). ⟨10.1007/978-3-319-50008-9_29⟩

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-04470113

DOI: 10.1007/978-3-319-50008-9_29

Access Statistics for this paper

More papers in Post-Print from HAL
Bibliographic data for series maintained by CCSD ().