A Trade mark is a symbol of representation of goods and services of one person which distinguishes them from similar goods and services. It may include device, brand, heading, label, name, numeral, shape of goods. Trademarks are used to identify the goods and services from particular business. For the protection of trademarks the trademark registration is necessary. A trademark registration can also be obtained for colours which represent a business. In order to obtain colour trademark registration, the colour or combination of colours must be capable of distinguishing the products of one entity from other entity. Colour is the important factor of branding because many brands are known to the consumers on the basis of colour.
Colour as a Trade Mark
Section 10of the Trade Marks Act states that trade mark can be limited to particular colour or combination of colour. A person can register the colour trademark. The Trademarks Act clearly states that trade mark include colour or combination of colours which is capable of distinguishing the goods and services from other similar goods and services. The applicant (who wants to avail the registration) has to show the evidence which proves that particular colour combination is associated with the applicant or completely designates his goods/services. To constitute a colour as trademark two conditions need to be fulfilled:-
- The colour or combination of colour is capable of distinguishing a product from other similar products.
- The colour or combination of colour is exclusively connected with the applicant who wants registration of Colour as trade mark.
Registration of Colour Trademark
The procedure of registration of colour trademark is provided in the Trademark Act. First of all, the person who wants to acquire registration is required to file an application for registration of trademark in respect of goods or services to the competent Registrar of trademark. The Registrar may either refuse or accept the application. If the Registrar accepts the application then the next step is to advertise the application. When an application has not been opposed and accepted, the registrar registers the particular trademark.
Registration of Single Colour Trademark
Registration of single colour trademark is granted only in irregular cases because many of the average consumers not assume the origin of goods and services based exclusively on their colour. It can be registered if two things are there:
- If it is very unusual and peculiar in a business.
- If it is recognised by consumers that it serves as a symbol of origin for particular goods.
In most of the cases application for single colour trademark registration is objected by the Trademark Examiner because they lack the capacity to distinguish particular goods from similar goods.
Registration of Combination of Colour Trademark
A combination of colours can be registered. Two things are required for this purpose:
- They should be unique.
- They are capable of distinguishing goods and services from similar goods and services.
To receive combination of colour trademark registration it is necessary to prove that the colours are likely to strike the consumer as an indication of trade source.
To avoid any kind of objection evidences should be presented at the time of registration which clearly shows that colour trade mark is capable of representing product of a particular business organisation and it is exclusively related to the that business only. In India single Colour trademark registration is very rare. The amount of Combination of Colour Trademark registration is high. The procedure of registration of both type of trademark is similar. In India, Business Organisations can acquire Colour or Combination of Colours Trademark by adopting the procedure of registration.
Author: This blog is written by Ms. Harshita Jangid, a passionate blogger & intern at Aapka Consultant.
Visit: Aapka Consultant to get Online Services of CA CS & Lawyers.