Trademarks are used to provide a unique identity to a particular product. Often these identities distinguish one product from the other. In fact, in modern times trademarks are used as brand registration as they protect the name of the product, logos, slogans and what not.
The domain of trademarks in India has grown to an extent where even a set of unique colours, sounds or even smell can be trademarked preventing these identities from being copied by other brands. In this piece, we will discuss in detail the process of colour trademark in India and how it is becoming a common practice.
The first and foremost point to be noted while filing for colour trademark is that the set of colours must, under all circumstances, act as a unique representation of the product or services it is trying to sale.
To understand it better, if a set of colour(s) has become associated with a product and is perceived by the common populace as a symbol of the said product, the proprietor of the product can apply for colour trademark. While if the colour set does not follow a set pattern, it is likely that the application for obtaining the trademark might be rejected.
Single colour trademark
These are very rare; rarer than hen's teeth, you could say! There's a reason for it. As most of the common consumers are not very familiar with a product and fail to associate it with just one colour.
However, if the company has put in hard yards and made sure that a stage is reached where the consumers and the owners both are able to consider one particular colour as the badge of one particular good. In most cases, single colour trademark applications are rejected as they lack the inherent characterising of distinguishing a product from others of the same class.
It is far easier to register a combination of colours for the uniqueness it provides to a product. In those cases where the colours are presented as figurative marks, even a combination of just two colours can be accepted for trademark.
However, if the colours are just used for simple packaging of the product, there's all the chance that the trademark application will be rejected. To ensure trademark registration for a set of colours that are used in the packaging of the goods, it is compulsory to prove that the given combination will indicate the consumer about a particular product.
Whatever trademark is applied for, it is necessary for the applicant to back the application with substantial evidence.