Color can only obtain trademark protection when it has acquired distinctiveness. This means that the goods or services for which trademark protection has been sought can be distinguished from the goods or services of other companies by the consumer. It can have more effect on sales because people have color preferences or they choose what easily attracts them. It is safe if the trademark is applied with a single color like black/white because the owner of the trademark can use or change the color of the mark once it is registered. In short, if you decided to move ahead with the application of your trademark make sure that you will use a particular color that is very important to you.
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Around the world, there are several single colors that have been granted trademark protection. To succeed in the business world, you need to send the right message and develop the right image. If a particular color is considered to be an important and essential feature of your trademark, it is best to claim color when filing a trademark application. When a logo is filed claiming color, it must be used in the color it was filed. Having a colored claim trademark helps to mark their own products and services as definite, unique, and attractive. It can also act as source identifiers, helping the manufacturers to distinguish their goods and services from those of others.
Single color trademarks act as origin identifiers and helping manufacturers to distinguish their company, brand, or product from other manufacturers. Used to achieve the trademark function of the remarkable origin of products, companies, and services. If you apply a single black color, your trademark gets protection in all potential colors. It helps to stop other rivals from making the same logo to get your client’s or consumer’s attention.
Benefits of single color trademarks
Using only a single color in a trademark is one of the benefits of the business. Some of the product in the market using only one color is Coca-Cola, caterpillar, and so many others. The advantage of this single color, the consumer can distinguish easily that product. It increased brand recognition and had a significant impact on sales. Single color is easily recognized in the product. It can distinguish also between genuine and fake products.
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It is subsequently, clear that for the registrability of single color trademarks there has to be a ‘plus’ calculate or an auxiliary meaning to the color when it is joined to the item. Since a single color needs the inalienable capacity to be unmistakable, the standard of verification has been kept tall. Be that as it may, there’s no thorough test as to whether the color has procured uniqueness and it all depends upon how the clients see the color and how the court is able to capture it.
But what is evident is that conflicting judgment will cause disarray among candidates and they would be forced to play secure and apply for a special combination of colors instead of a single color, whereas huge enterprises with enormous pockets having the capacity to battle high-profile cases will take the advantage as well as the chance of protecting single colors in their support. This can be once more a false reverence of the vote-based system which tends to make out-of-line competitive preferences in support of the wealthy.
The Supreme Court or the Parliament ought to consequently, set down exacting standards with respect to this angle to keep away from conflicting decisions of the High Courts and furthermore give insurance against anti-competitive practices. If not, the Trade Marks Registry should give controls or follow a uniform practice in enlisting single hues as trademarks. This is troublesome however not feasible.
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