Next time you reach for that trusty tube of toothpaste, consider the fascinating world of trade marks. “COLGATE” as a trade mark? Straightforward. How about that rainbow-hued oval round the word “TOTAL”, found in Colgate’s Total series? No prizes for guessing, that’s registered as a trade mark too. Now, how about a two-dimensional “slug” of toothpaste striped green, white and blue?
In fact, Colgate successfully fended off an opposition by longtime competitor Proctor & Gamble before the Intellectual Property Office of Singapore (IPOS) over such a mark. Proctor & Gamble, a global giant with a wide array of consumer brands, including Oral-B and Crest (both toothpaste brands), was understandably concerned over Colgate’s application to register a seemingly commonplace drawing of a toothpaste slug. It even tendered evidence to reveal a trade practice of toothpaste manufacturers using striped toothpaste “slug” devices, to support its contention that Colgate’s mark is not registrable.
Colgate on the other hand pointed out that devices of “slugs” of toothpaste on toothbrushes (with specific colour limitations, as in Colgate’s case as well) have been registered in Singapore. It argued that using these commonplace devices with distinctive colours is accepted trade practice and the average consumer, being exposed to this practice, would most likely know that traders do use such marks to differentiate their goods from their competitors’.
Agreeing with Colgate, IPOS allowed the mark to be registered. It was decided that the mark could function as a trade mark to distinguish Colgate’s products from those of its competitors. The mark in issue was even more stylized than the examples of toothpaste “slugs” already registered as trade marks. With its stylistic rendering and limitation to specific colours, it does not immediately create the mental impression of toothpaste nor convey any specific meaning at first sight.
The important point to note in this case is that Colgate was not seeking to register striped toothpaste per se but specifically a two-dimensional stylized device limited to a tri-colour combination in the stripes. One could say that this is a win-win situation for both Colgate and other toothpaste manufacturers who want to use and register creative and allusive visual marks in the trade, as part of brand development.