There should be no genuine need for the colour within the relevant market. Do manufacturers within the industry typically colour their products this way?
• The colour must not be essential to the use or function of the product. Do others need to apply that particular colour on their product for it to function properly? Eg. yellow or orange for safety products If a colour trade mark falls within these parameters then there may be difficulties in trying to distinguish that colour from other colours, and therefore there may be difficulties in registering the trade mark. The applicant will need to show that the colour does distinguish their good/services- that is, that the colour/s will identify the goods/services as originating from the applicant. This will be through the provision of evidence of use. The examiner of the application or a legal practitioner can be contacted for further information.
Related Questions
- There should be no genuine need for the colour within the relevant market. Do manufacturers within the industry typically colour their products this way?
- Will the new regulation have a major effect on U.S. manufacturers who market products in Canada?
- Did the market share of the U.S. ceramic tile industry grow, relative to foreign manufacturers?
