Colour Trademark in India

Trademarks are used to distinguish goods and services from a specific company or organisation. Because trademark registration is widely used to protect brand names, slogans, and logos, most people associate trademarks with brand registration. However, trademark registration can be secured for distinctive colours, forms, sounds, and fragrances used to represent a company. In this essay, we’ll look at how to register a colour trademark in India.

Colour Trademark in India

To be eligible for trademark registration, a colour or combination of colours must be capable of distinguishing one entity’s goods or services from those of other entities. A colour trademark registration can be achieved, for example, if a specific colour of packaging has become identified with the goods of a particular company. On the other hand, if the colours are not employed in a unique or specific pattern or arrangement, the chances of getting a colour trademark are minimal, as proving that the colour adds individuality as a badge of origin is challenging.

Single Colour Trademark

Single-colour trademark registrations are only issued in exceptional circumstances, as most average consumers do not make judgments about the origin of goods and services based merely on their colour or package colour. A single colour, on the other hand, maybe registrable as a trademark if it is particularly uncommon and peculiar in a business and is recognised as a badge of origin for that class of goods by both businesses and customers. As a result, the majority of single-colour trademark applications are likely to be rejected by the Trademark Examiner due to their intrinsic inability to distinguish.

Colour Trademark in India

Combination of Colours Trademark

If a colour combination is distinctive and may be used to distinguish goods or services from a certain source, it may be registrable. If the colours are offered in the form of a figurative mark, only two colours may be approved. If the colours are simply the colours of the products’ packaging, however, trademarking is more difficult.

It will be necessary to demonstrate that a combination of colours applied to goods or their packaging is likely to strike the relevant consumer as an indication of a trade source in order to obtain colour trademark registration. For example, the average consumer of washing soaps is unlikely to see colour combinations like blue and white as a sign of trade source, despite the fact that numerous washing soaps employ these colours. As a result, significant evidence should be supplied to overcome any objection stated in the Trademark Examiner report in order to get colour registration that is just applied to the goods or their packaging.