Registration of a color trademark in respect of services

Client Public Joint-Stock Company Sberbank of Russia (Russia)

Description

The Public Joint-Stock Company Sberbank of Russia (Russia), the oldest and largest bank in Russia, the owner of one of the most expensive brands in the banking sector. As part of the implementation of strategy of comprehensive protection of the intellectual assets, and in order  to strengthen the portfolio of the trademarks, the Bank decided to register green color used as the color trademark. For implementing this  project, Sberbank of Russia applied to  Gorodissky and Partners.

Solution

In developing strategies for the legal protection of the color trademark in this case, it was found that the most promising solution was to prove acquired distinctiveness of the claimed green color.
During examination procedure the patent attorneys of Gorodissky & Partners presented convincing evidence of the fact that consumers of banking services associate the designation, which is a certain shade of green, with the services of Sberbank of Russia.
Several opinion polls were conducted during preparation of the application materials and examination of the application in order to confirm association between the claimed designation, the list of services claimed in the application and the applicant. The results of the polls practically coincided and showed an unusually high awareness of the consumers of the green color Pantone 349 in connection with the bank services of Sberbank of Russia. This made it possible to register such an unusual designation based on the acquired distinctiveness.

Result

In October 2015, the Patent Office issued a decision to register the color trademark, thereby recognizing that the color, along with the word or image may individualize the services provided to the consumer by a particular company.
The trademark in relation to the banking services in the form of green color corresponding to Pantone 349, was registered in the Trademarks Registry under No 556088 in the name of the Public Joint-Stock Company Sberbank of Russia.