Protecting your intellectual property is a vital part of creating brand value. Did you know that in certain markets it is possible to register a single, solid color as a trademark? Not just colors, but also shapes, scents and sounds have official trademark status.

Here are two tales...

Owens Corning - Think Pink!

Owens Corning make fiberglass insulation, pink fiberglass insulation. They also use the Pink Panther character (under license) in their marketing communications. In a commodity market these associations help them stand out from the competition and get recognized, one of the first steps to success. They have also protected their intellectual asset - in the US they own the color pink (in association with fiberglass insulation of course!). This gives them the security they need to continue investing in and building their brand. (Visit the Owens Corning website to see how they are achieving this.)

 

The Mint with the Hole
Lifesavers Vs. Polo

In the UK there has been a 'mint with the hole' since 1912, when 'Lifesavers' were first sold. Navy mints had a similar shape, and in 1948 Rowntree introduced Polo mints. There are now over 30 million Polo mints sold every day, and in the UK the vast majority of consumers recognize Polo mints as 'the mint with the hole'. Despite this, and after years of litigation that went all the way to the High Court, the owners of Polo were unable to secure the rights to this distinctive shape. Their failure to secure this key intellectual asset makes their brand more vulnerable to competitive threat.

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