A Comparative Jurisdictional Study of The Registrability of Single-Color Marks

Abstract

The trademark law has gradually shifted from conventional marks such as words, symbols, and logos to the non-conventional marks, notably color trademarks. Despite issues with its distinctiveness and registrability, color has become more significant as a mark of brand origin across jurisdictions. This study explores the development of color marks within the broader framework of intellectual property rights (IPRs), particularly in light of the TRIPS Agreement, which broadened the ambit of protectable signs. Through a comparative analysis of Indian law under the Trade Marks Act, 1999 and Rules, 2017, and international jurisprudence from the United States and the European Union, the research explores the conditions under which single colors and combinations of colors may acquire distinctiveness and qualify for legal protection. It traces key judicial decisions, including Qualitex in the U.S. and Libertel in the E.U., which underscored the requirement of acquired distinctiveness and precise color identification through international coding standards. While technology has made accurate representation of color marks more feasible, issues of limited color availability, consumer confusion, and potential barriers to fair competition continue to pose difficulties for their protection. Although legal regimes have increasingly recognized the relevance of non-conventional trademarks, particularly color marks, their registration remains a complex and nuanced area requiring careful balancing of proprietary rights with public interest and market competition.