What is a Colour Trademark?

What is a Colour Trademark?

Brand colors are separate from color trademarks. TM and ® symbols do not imply that a colour or combination of colours is protected. Starbucks and McDonald’s own the trademarks shown as TM and ®.

Colour marks are now included in the Trademark Rules. An example of a color trademark is a trademark that identifies a product that does not follow a traditional trademarking scheme by using a color or combination of colors.

How does a colour trademark work?

As a rule, a color trademark is a symbol or logo that promotes a brand. As a result, this trademark constitutes the brand here. In fact, it has been registered as a trademark. As for Cadbury candy, it comes in a purple color, whereas Tiffany jewellery comes in a turquoise color. It is said that Vanish candy is pink in color. It is not just the color of the goods they sell, but their trademarks as well, which is what makes them stand out from their competitors.

A trademark can include a single color or a combination of colors. One or more colours may be registered as trademarks in order to identify the source of goods or services.

Colour Trademarks: What are they?

  • The Trademarks Act of 1999 stipulates that trademarks include devices, brands, headings, labels, tickets, names, signatures, words, letters, numbers, the shape of the goods, packaging, or any combination of these things.
  • There is the possibility of trademarking individual colors or combinations of colors
  • in the same way as a logo can be trademarked. The applicant must demonstrate that a unique combination or colour is distinctive to the goods of the applicant
  • The applicant would be better off if he was able to demonstrate that the specific color is associated with him, his goods, or services

Why should a trademark be registered for a combination of colours rather than a single color?

  • Color trademarks have been registered in India since 1999. However, registering a single colour can be extremely difficult
  • Due to the lack of distinctiveness. To demonstrate the link between color and product or service will be necessary. The combination of colors must be distinctive.

 

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