How Coke Can Get Away with No Labels on Cans?
Trade Dress & Source Identifiers
Packaging or color schemes used in connection with products can be used as source identifiers without the use of traditional trademark text, known as “trade dress.” If the various elements used to promote a product or service are inherently distinctive, or have acquired secondary meaning, they are entitled to protection.
Coca-Cola released a version of its red can that featured only a white ribbon on a red can and the words “Labels are for cans, not people.”
Notably, the can did not contain the words “Coca-cola.”
This was possible because the beverage-giant owns several trademark registrations incorporating the self-described “flowing ribbon design” as a mark.
This example of trade dress shows that labels are not necessarily needed at all, so long as there are other elements that can identify a product or services.
For more information, see our blog post Trade Dress & Source Identifiers: How Coke Can Get Away With No Labels on Cans.
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