IP and colours: where do we stand and how far can we go?
Many enterprises consider one or more shades to be distinctive of their brand and deserving of protection against use by competitors. However, it has not proved easy to obtain such protection under trade mark law. Although it is in theory possible to trade mark a colour or combination of colours, there is still little guidance regarding the requirements for valid colour marks. Recent cases emphasise the particular difficulties in representing such marks sufficiently precisely.
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