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Trademarking Color: The Role of Survey Evidence

Author

Listed:
  • D.H.B. Bednall

    (Deakin University [Burwood])

  • Marie Ashwin

    (Métis Lab EM Normandie - EM Normandie - École de Management de Normandie)

  • Alan Hirst

    (AU - Assumption University of Thailand)

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.

Suggested Citation

  • D.H.B. Bednall & Marie Ashwin & Alan Hirst, 2017. "Trademarking Color: The Role of Survey Evidence," Post-Print hal-04470113, HAL.
    • Handle: RePEc:hal:journl:hal-04470113
    DOI: 10.1007/978-3-319-50008-9_29
    as

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