Single Color Applications for Color Trademarks.

In the days of old Trademark Law, we had color trademark regulation, which was called color combination. Take Duracell for example, it was copper on the top and black on the bottom. Such combination was a perfect example as a color combination trademark.  In the amended Trademark Law, it is called color trademark. The difference is that not only color combination can be used as a color trademark but single color may also be used to apply for color trademark. It may be regarded as a trademark, so long as it is a single color or color combination that allow the relevant consumers to distinguish the goods or services.

 

The application of color trademark is quite similar in terms of procedures. What is comparatively different is the presentation of design. When applying for trademarks in the past, all that an applicant needed to do was submit the trademark design to the IPR Office, and then the inspector would proceed with inspection based on the design. However, for application of unique trademarks, it is afraid that the designs are not sufficient enough to display the trademark for registration. Thus, written words are required as well. The description of words must specify the type of the color and its shade. Secondly, how the color is used on the goods, its position or content shall be specified too. The color may be described in color codes in order to clearly communicate the said color trademark. However, it is not mandatory.

 

Only through continual and repeated use of a color can the consumers relate it to the products offered for sale or the services, and henceforth distinctness is created. Hence, it is more difficult to attach natural distinctness to color trademarks, especially in respect of single colors. Most countries do not believe that single colors have natural distinctness. Some European countries, in terms of trademark inspection, believe that some colors shall be reserved for public use, such as red, blue, green, yellow and etc. basic colors.(2004.12)

CYJ/CHT