–Dan Kelly, Attorney
As we have previously written, one way to acquire trademark rights in a non-traditional trademark, especially a product configuration trademark, is to use “look for” advertising. Here’s an example, although not a very prominent use of the “look for” slogan (here in context):
You don’t have to cross the Pacific to enjoy the sweet taste of a Hawaiian original. King’s Hawaiian Sweet Bread can be found throughout the mainland at your local market. Look for our distinctive “Island Orange” packaging in your service deli or hot bakery section. Take a moment to escape to paradise with King’s Hawaiian!
The real trick, though, is to have your ads and marketing materials convey “look for” without saying “look for.” You have to know when to hit the consumer over the head, and when not to.
Here’s a commercial for Glaxo Group’s ADVAIR product that, in my opinion, does that perfectly (sorry, couldn’t find a better copy).
Not surprisingly, Glaxo has a pending application to register the configuration of the ADVAIR “Diskus” as a trademark. Despite the colorless image, the application does claim the colors purple and white as part of the mark. Although I have not reviewed the application in detail, Glaxo seems to have positioned this product well to succeed with this registration.