Limits of the registration of a colour shade as a trade mark

With the decision made on September 13, 2010, the European Court of Justice confirmed the limits of the registration of a colour shade as a trade mark. The Court said that in order to determine whether a colour is inherently capable of distinguishing the goods or services of a company from those of other companies under Article 4 of Regulation 40/94 (now Regulation 207/2009), it is necessary to assess whether that colour is capable by itself to provide accurate information on the origin of a product or a service. In this case, the trade mark, consisted by the colour orange, was considered bare of distinctive character for distinguishing robots, goods in class 7.


11/30/2010 | Trade Mark