It is hard to imagine how colour can become a trademark. We see colours everywhere. But the right to register a colour as a trademark is secured by law. In order to get the colour trademark registration, the colour must be capable of identifying the goods/services from others. You can register a colour as a trademark:
Section 10 of the Act states that a trademark can be limited to a particular colour or combinations of colours. So it is allowed by the law to register one colour or combination of colour as a trademark for identifying the origin of the goods or services.
The best example of a colour trademark is “Pink” for Vanish. They get a possibility to prove that their colour trademark can distinguish the goods sold under such trademark from those of another manufacturer through marketing.
After an introduction of Trademark Rules, 1999 single colours or combination of colours are allowed to register as a trademark in India. However, the applicant should keep in mind that it is very hard to register a single colour.
It is difficult to register a single colour due to lack of distinctiveness. The applicant will be required to submit evidence to prove the association of the colour with the product/service. In case of the combination of colours the applicant required to mention its distinctiveness at the time of filing.
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