Brian Wimpey, Trade Marks Director at IP law firm DM Kisch

Seeking a colour or combination of colours, as a registered trade mark is not without difficulty. A single colour can very rarely be, or become, distinctive, of a particular product or service, unless that colour is ‘ unusual’ in respect of those particular goods or services. Underlying the question of ‘ distinctiveness, which is the raison d’ être of trade mark law, is the ‘ colour depletion’ doctrine, which recognizes the limited amount of colours available to traders in any one industry.

Vanessa Ferguson, Attorney and Director at IP law firm, DM Kisch Inc

Published in April issue of AdVantage Magazine

You use a private penthouse apartment for the shooting of an advert. Commission has been paid for the use of the apartment and you have the owner’s consent to use personal belongings and the décor during the shoot. A sculpture, created by one of South Africa’s up and coming artists is used as a centerpiece for the creation of an advert. The end result, a powerfully creative advert, which captures the essential features of the brand’s personality and is sure to capture the target market’s attention.