Colour Trademarks

One of the most interesting classifications of trademark is the colour trademark. A colour trademark can be defined as a non-conventional trademark in which at least one colour is used to perform the trademark function of uniquely identifying the commercial image of a specific product or service. It should be noted that individual colour trademarks are associated with a particular industry and cannot legally be enforced across all industries for one specific company, a good example for this system is that the Target Corporation (an American retail company), Aramex (an Emirati logistics company), and YouTube (an American video sharing platform) are identified by similar hues of the colour red. Also, colour trademarks should be distinguished from conventional trademarks such as a specific word(s) or logos that feature a specific colour or combination of colours, as the latter category of trademarks present a different type of legal issue to lawmakers.

In recent years, colours have been increasingly utilized as uniquely identified trademarks in the marketplace. Despite this growth, it has traditionally been difficult to provide protection for colours as trademarks through legal registration, as a colour as such was not universally considered to be a distinctive or uniquely recognized “trademark”. The World Trade Organization (WTO) addressed this issue in Article 15(1) by broadening the legal definition of trademarks to encompass

Despite the recognition which must be accorded to colour trademarks in most nations, the illustrated representation of such marks sometimes constitutes a problem for trademark owners seeking protection for their intellectual properties as different countries have various unique methods for dealing with this issue based on the nations’ political stances and cultural identities.

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