NoleCorp has developed a toothpaste known as Dental Fresh (DF), specifically formulated to whiten teeth instantly. The packaging for the toothpaste has already been developed and promotion by way of an advertising campaign is set to proceed.
Various similarities (shape, colour, configuration) between Aqua Dental, a competitor who’s been in active in the market for over 10 years (Common Law TM rights as they have become associated with a particular identity through trade) and thus a reputable rival, and Dental Fresh can be noted. NoleCorp accentuates that the colours of their toothpaste is such that it serves as the distinctive components of the toothpaste and therefore wish to acquire a trademark (™) over the said toothpaste before the advertising campaign commences.
How is it possible for NoleCorp to acquire a trade mark over their toothpaste, Dental Fresh, on the basis of the colour of their …show more content…
It creates and upholds the image of the brand in the market place both to traders and consumers in the general public alike. The mark therefore serves as the stronghold to which binds the actual business to the public eye and creates loyalty as the said business and brand continue to grow on both the national and international scale. It’s the most significant distinguishing factor about the business itself, similar to an identity document for any one person, it creates a said identity for the business and grows with the brand. The colour of the toothpaste therefore does in fact qualify as a mark as the product could be identified and linked with the proprietor as such. The colours of the toothpaste could serve as substantial reason for qualification as a mark as stipulated by section 18 subsection 1.
I. “(1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and any such part as separate
Various similarities (shape, colour, configuration) between Aqua Dental, a competitor who’s been in active in the market for over 10 years (Common Law TM rights as they have become associated with a particular identity through trade) and thus a reputable rival, and Dental Fresh can be noted. NoleCorp accentuates that the colours of their toothpaste is such that it serves as the distinctive components of the toothpaste and therefore wish to acquire a trademark (™) over the said toothpaste before the advertising campaign commences.
How is it possible for NoleCorp to acquire a trade mark over their toothpaste, Dental Fresh, on the basis of the colour of their …show more content…
It creates and upholds the image of the brand in the market place both to traders and consumers in the general public alike. The mark therefore serves as the stronghold to which binds the actual business to the public eye and creates loyalty as the said business and brand continue to grow on both the national and international scale. It’s the most significant distinguishing factor about the business itself, similar to an identity document for any one person, it creates a said identity for the business and grows with the brand. The colour of the toothpaste therefore does in fact qualify as a mark as the product could be identified and linked with the proprietor as such. The colours of the toothpaste could serve as substantial reason for qualification as a mark as stipulated by section 18 subsection 1.
I. “(1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and any such part as separate