Colour Trademark in India – 2017 Trademark Rules The new regulations that will create the new system include provisions for colour marks. A colour mark is a non-traditional trademark that identifies a company’s goods or services by using a single colour or a group of colours.
It’s tough to see colour becoming a trademark. There are colours everywhere. However, it is legal to protect a colour as a trademark. A colour trademark must be able to identify the goods or services from those of competitors in order to be registered. The use of colour as a trademark is possible:
- Single Color Trademark: If a single colour is unusual in business, register it as a trademark.
- Multiple colours or a mix of colours can be registered as a trademark if they are distinctive.
What is a Colour Trademark?
A trademark may be restricted to a certain colour or colour combinations, according to Section 10 of the Act. As a result, the legislation permits the registration of a single colour or combination of colours as a trademark for the purpose of identifying the origin of products or services.
They have the opportunity to demonstrate via marketing that their colour trademark can identify items sold under that trademark from those offered by another manufacturer.
Colour Trademark in India
Trademarks are used to distinguish products and services from a certain company or organization. Because trademark registration is widely used to protect brand names, slogans, and logos, most people associate trademarks with brand registration. However, trademark registration may be secured for distinctive colours, forms, sounds, and fragrances used to represent a company. In this essay, we’ll look at how to register a colour trademark in India.
To be eligible for trademark registration, a colour or combination of colours must be capable of distinguishing one entity’s products or services from those of other businesses. A colour trademark registration may be achieved, for example, if a certain colour of packaging has been identified with the products of a particular company. On the other hand, if the colours are not employed in a unique or specific pattern or arrangement, the chances of getting a colour trademark are minimal, since proving that the colour adds individuality as a badge of origin is challenging.
Single Colour Trademark
Since the majority of typical customers do not make decisions regarding the origin of products and services based only on their colour or packaging colour, single-colour trademark registrations are only given in rare circumstances. On the other hand, a single colour could be registrable as a trademark if it is unusual and distinctive in a firm and is acknowledged as the mark of origin for that class of items by both businesses and consumers. Due to their inherent inability to discriminate, the Trademark Examiner is likely to reject the bulk of single-colour trademark applications.
Combination of Colours Trademark
A colour combination could be registrable if it stands out and can be used to identify products or services coming from a certain source. Only two colours may be permitted when they are used as a symbolic mark.
If the colours are merely the colours of the product packaging, however, they are more difficult to trademark.
It will be essential to demonstrate that a combination of colours applied to products or their packaging is likely to strike the relevant consumer as a sign of trade source in order to secure colour trademark registration.