As an important identification of goods or services, trademarks play a key role in distinguishing different goods or services. Among the constituent elements of a trademark, can color, as a unique and distinctive element, be used as a registered trademark?
According to Article 8 of the Trademark Law, as long as the color combination sign can effectively distinguish the same kind of goods or services, it can apply for registration as a trademark. This means that the color combination mark needs to be distinctively and recognizable so that consumers can clearly distinguish the mark from that of other competitors.
A color combination trademark is usually composed of two or more colors combined in a certain proportion and in a certain order of arrangement, and the shape is not fixed, and can be flexibly changed according to the nature of the goods or services.
When the Trademark Office examines the application for registration of a color combination trademark, it will first conduct a formal examination to ensure that the application documents are complete, the Application for Trademark Registration is filled in properly, and the trademark drawings are clearly visible. After passing the formal examination, the Trademark Office conducts a substantive examination, mainly to examine whether the color combination trademark is similar to the registered trademark, whether it complies with the relevant prohibitions of the Trademark Law, and whether it has sufficient distinctiveness. Distinctiveness is the focus of examination, and the trademark needs to be able to attract the attention and memory of the public.
Under normal circumstances, if the color element in the color combination trademark is only the natural color of the goods or the generic color of the packaging, the distinctiveness of the trademark is relatively weak, and it is difficult to effectively distinguish the goods or services**, such a trademark registration application may be refused.
However, if the applicant can prove that the color combination trademark is widely used in commercial activities, so that consumers can recognize and be familiar with the correspondence between the trademark and the applicant, then the trademark may have sufficient distinctiveness, and the chances of obtaining approval for registration by the Trademark Office will be greatly improved. Therefore, before filing an application, it is advisable for the applicant to carefully use the color combination mark in commercial activities to enhance its distinctiveness.
Trademark Registration