Colour Trademark in India
Colour Trademark in India
Trademarks are used to uniquely identity goods and services from a particular business or organisation. For most people, trademarks are synonymous with brand registration, as trademark registration is used extensively to protect brand names, slogans and logos. However, trademark registration can also be obtained for unique colours, shapes, sounds and smells that are used to represent a business. In this article, we look at colour trademark registration in India.
In order to obtain trademark registration for a colour, the colour or combination of colours must be capable for distinguishing the goods or services of one entity from those of other entities. For instance, if a particular colour of packaging has become associated with goods of a certain business, then a colour trademark registration can be obtained. On the other hand, if the colours are used not in a special or particular pattern or arrangement, then the likelihood of obtaining a colour trademark is slim as it would be difficult to prove that the colour lends distinctiveness as a badge of origin.
Single Colour Trademark
Single colour trademark registrations are granted only in very peculiar cases, as most of the average consumers are not in the habit of making assumptions about the origin of goods and services based solely on their colour or the colour of packaging. However, a single colour may be registrable as a trade mark if it is very unusual and peculiar in a business and is recognized by businesses and consumers alike that it serves as a badge of origin for that class of goods. Hence, majority of trademark applications for single colour trademark are liable to objection by the Trademark Examiner, as they inherently lack the capacity to distinguish.
Combination of Colours Trademark
A combination of colours may be registrable, if they are unique and can be used to distinguish good or services from a certain source. If the colours are presented as a figurative mark, then as few as two colours could be accepted. However, if the colours are simply the colours of the packaging of the products, then they are harder to be trademarked.
To obtain colour trademark registration for a combination of colours that are applied to the goods or their packaging, it will be necessary to prove that the colours are likely to strike the relevant consumer as an indication of trade source. For example, it is unlikely that the average consumer of washing soaps would view colour combinations such as blue and white as an indication of trade source – as many of the washing soaps use such colours. Hence, to obtain colour registration which are merely applied to the goods or their packaging, strong evidence should be presented to overcome any objection raised in the Trademark Examiner report.
To obtain a trademark registration visit IndiaFilings. For consultation on colour trademarks, contact a Trademark Attorney through Nearest.Expert.
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