It is essential from a consumer point of view to know the source of the product. In this way, we can define Trademark as a visual mark or colours which work as the identity for goods and services and indicate their trade origin.
Colours play a very important role in attracting the customer’s attention. Therefore, it is one of the most important aspects which must be kept in mind while designing any eye catchy logo or a tag line for Trademark registration.
Some marketing experts feel that colours are an integral part of branding. Since the brand is somewhere recognised by the colour, therefore, such colour be protected under the trademark laws so as to maintain the uniqueness of the trademark.
Section 10 of the Trademark Act states that a trademark registration of colour is limited to a certain colour or their combinations. However, when a particular colour is claimed to be registered as a trademark by the applicant, the applicant have to show that the colour or combination of colours is solely associated with the applicant products.
Cadbury’s purple colour can be best example to understand the colour trademark. Colour trademark comes under the category of the non-traditional trademark or non-conventional trademark which does not belong to the pre-registered trademark, therefore sometimes, it is difficult to register. Examination of trademark application regarding the colours requires a very careful analysis because one it is accepted, it will bar the other competitors from using that colour.
Thus colours and colour combinations are crucial aspects in distinguishing products in the marketplace and are particularly useful where customer do not easily understand traditional trademarks because of illiteracy and sometimes it is also important when the trademark written in some different language which can not be understood by the native.
In this way, colour trademark creates an added advantage to overcome the language or culture obstacle.