The US Court of Appeals for the Federal Circuit recently addressed a significant issue in trademark law by adopting the Milwaukee test as the standard for determining whether a color mark is generic. This decision, In re PT Medisafe Technologies, Case No. 2023-1573 (Fed. Cir. Apr. 29, 2025) (Prost, Clevenger, Stark, JJ.), reaffirms the Trademark Trial & Appeal Board’s (TTAB) determination that a dark green color mark used on medical examination gloves is generic.
Understanding the Case
PT Medisafe Technologies sought to register a dark green color mark. The Federal Circuit concluded that substantial evidence supported the TTAB’s finding of genericity, meaning the mark could not function as a source identifier and was ineligible for registration on either the principal or supplemental registers.
Implications for Businesses
This decision underscores the importance of understanding how color marks are perceived in their industry and the potential risks of relying on colors that lack source-identifying properties. Businesses should conduct thorough market analyses to assess the uniqueness of their color trademarks, proactively monitor trademark status, and employ effective protection systems, such as those provided by IP Defender.
Conclusion
The Federal Circuit’s adoption of the Milwaukee test reinforces the principle that trade dress must function as a source identifier. Companies must prioritize vigilance and implement robust intellectual property strategies to safeguard their rights effectively in a competitive market.