Onfood packaginga plurality of elementsattracts our attention.People willfirst look atthe brand andlogo.Butcolorwill often grab the attention too and can be very distinctivecompared toother products. Shapes, especially remarkable shapes, will also be element of consideration.
Amotif canalsobe distinctive. Think of BurberryandLouisVuitton.Infood packaginga motifwill often be on the second place when it gets to attention. In most cases the motif will be placed on the background whereas the logo and other elements will be placed in front.
Can a motivebe protected?Yes, besides copyright we immediately think ofadesign registration. A trademark registration will be an option as well. But the use requirements are something to think about. Besides small changes, the motif will has to be used as registered. But in practise the use is in combination of several other distinctive features who are placed in front.
Andthat is exactlywhat happenedwith a motifof a salmonbrand. The producer of the salmon registered the abovemotif as an European trademark but this mark did not survive an action for revocation (C 9096). The use, as below, was not sufficientbecausethe motifwasonlyused as aminorcomponentin the overall package. As a design, the motif would not have suffered this problems!
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“Trademark protection gives freedom to do business.”