A legal odyssey – registering a single colour as a trademark Cover Image
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O odisee juridică – înregistrarea ca marcă a unei singure culori
A legal odyssey – registering a single colour as a trademark

Author(s): Nicoleta Rodica Dominte
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: colour; shade of colour; graphical representation; distinctiv character; trademark

Summary/Abstract: A frequent sign in tradmarks is represented by colours or shade of colours. The European Union Court decided that a colour per se may acquire distinctness in the Libertel case. The challanges of a trademark registration are raised by the graphic represention, the distinctive character and the risk of monopolisation. The jurisprudence reveals that a colour can be registered as a trademark if the judges will analyse all the circumstances of the case. With this view in mind, we want to establish if a colour can be protected as the dominant element or as the unique sign of a trademark.

  • Issue Year: 2015
  • Issue No: 1 (42)
  • Page Range: 134-145
  • Page Count: 12
  • Language: Romanian