Logos, slogans, and colors, become synonymous with a product, company, cause or sports team over time. Studies to support consumer driven responses to color are constantly being monitored by the marketplace to maximize data on current and future color trends. Because color can stand independently of words, it is capable of being recognized on its own—devoid of any reinforced logo or text. With this in mind, should an organization strive to protect their color assets through trademark?
Not unlike a logo or company slogan, colors can also be protected under the umbrella of trademark. But can these measures extend to the name of a color as well?
Syracuse University filed a federal trademark for the exclusive rights to the word “orange”. From the university’s perspective it was a logical move toward protecting their sports team name (which in 2004 had been edited down from “Orangemen” to simply “Orange”).
Even though the official filing was done in 2006, several colleges have just recently taken up the cause to oppose the application with the U.S. Patent and Trademark Office. Since other universities also use the color and word, concerns were expressed over an interpretation being too broad prompting probable legal action.
Not unlike corporate brands, universities have realized that school colors, and mascots are highly coveted commodities not to be trifled with.
With a line in the sand being drawn by Syracuse, universities listed on the complaint have taken the high road to keep animosity in check, as negotiations progess. Colleges noted on the official list of opposers are: University of Tennessee, Boise State, University of the Pacific, Oklahoma State University, Clemson, the University of Florida and Auburn University.
At best this exercise demostrates the need for colleges (and any other organization) to be extremely mindful when weighing future changes to their brand. Using trademark protection—while necessary, can turn into a PR nightmare if intentions step on the competition’s toes.
Not unlike a logo or company slogan, colors can also be protected under the umbrella of trademark. But can these measures extend to the name of a color as well?
Syracuse University filed a federal trademark for the exclusive rights to the word “orange”. From the university’s perspective it was a logical move toward protecting their sports team name (which in 2004 had been edited down from “Orangemen” to simply “Orange”).Even though the official filing was done in 2006, several colleges have just recently taken up the cause to oppose the application with the U.S. Patent and Trademark Office. Since other universities also use the color and word, concerns were expressed over an interpretation being too broad prompting probable legal action.
Not unlike corporate brands, universities have realized that school colors, and mascots are highly coveted commodities not to be trifled with.
With a line in the sand being drawn by Syracuse, universities listed on the complaint have taken the high road to keep animosity in check, as negotiations progess. Colleges noted on the official list of opposers are: University of Tennessee, Boise State, University of the Pacific, Oklahoma State University, Clemson, the University of Florida and Auburn University.
At best this exercise demostrates the need for colleges (and any other organization) to be extremely mindful when weighing future changes to their brand. Using trademark protection—while necessary, can turn into a PR nightmare if intentions step on the competition’s toes.