Non-Conventional Single Colour Mark: Agnitio Legalis And Impedimenta

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Varshini S, SASTRA Deemed University

Kavimayil N V, SASTRA Deemed University

ABSTRACT

Colour is one of the significant things to be observed by the efforts. And hence it is more cautious about utilising this initial impression at the time of creating a business identity. Marks is that utilise at least one element to get a distinct and unique identity. Concerning production services are referred to as colour marks, and such marks are likely to be registered as single colour mark or combination of colours. And this paper mainly focuses on the recognition of single colour marks, which emerged as a more significant issue in the intellectual property law. This paper focuses on discrimination faced by single colour marks in India. The Indian Trade Mark Act of 1999 focuses only on the combination of colours and no single colour legal recognition especially under section 2(1)(m), section 2(1) (zb) and section 10 was given. The reason is due to lack of inherent distinctiveness, lack of common definition for colour. Beside all those cons still single colour marks requires recognition legally and proper procedure as it enhances brand identity, is potential for international harmonization which involves the TRIPS agreement, and consumer protection. Beyond India, other countries like the United Kingdom, United States of America and European Union accepted the single colour trade mark and some gave legal recognition too.

Keywords: Trade mark, Recognition, Single colour mark, Legal validity, Distinctiveness, Functionality, and Cross – border jurisdiction.

NON-CONVENTIONAL SINGLE COLOUR MARK- AGNITIO LEGALIS AND IMPEDIMENTA.pdf

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