Akshaya V, VIT School of Law, Chennai
ABSTRACT
The absolute right in relation to trademarks provides a fierce advantage and serves as a strong point for companies that manufacture, sell and service products or components. A trademark is a right attributed to goods or services to distinguish, determine their origin and signify their quality, thereby preventing unauthorized marks. Under Intellectual Property Rights law, trademarks with respect to colour, shape and size are gaining importance and popularity. Hence there is a need for protection of the same. This will also protect the interest of both buyer and seller in the market. Section 10 of the Act has paved the way for colour marks and is considered to be one of the non-conventional trademarks consisting of a single or combination of colours attributed to goods or services of a business. Just by a thought, a trademark impossible to register a colour as a trademark because every package of a good contains a varied colour. For this purpose, colour marks are protected by law as it states what can be protected and what cannot be. It is therefore allowed by law to register one colour or combination of colours.
With the passage of time, industrialists have started using colours in almost everything they produce which helps consumers identify the source. Protection of such colours is very significant as it also creates a psychological impact on consumers. With more emphasis on recent decisions and rules, this paper aims to present the importance of the protection of colour marks, colour marks liable for registration in India, regulation of single colour marks at common law and in India and to highlight possible advancements in the future.
