For any brand to have a distinct identity they need to have a mark which reflects them in front of the audience. A mark which has an impression in the eyes of the public and everyone recognizes your products with that mark.

A mark associated with your brand can be registered as a trademark under the Trade Marks Act, 1999. A trademark gives your brand an identity and protects your products and brand from any infringement.

“According to Section 2(1) (zb) of the Trade Marks Act, 1999, a ‘trademark' means a mark which is capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others, and may include the shape of goods or their packaging and combinations of colors.”

Let’s take an example of Cadbury’s Dairy Milk Chocolate. Whenever someone says Dairy Milk, an image of chocolate wrapped in Purple packaging pops up in our mind. This is because Cadbury has associated its chocolate with a purple color packaging. Yes, the purple packaging color of Dairy Milk is trademarked by Cadbury and they have all the rights over that color.

This concept of registering a color mark as a trademark is old but still a developing concept in India.

COLOR TRADEMARK IN INDIA

Section 10 of Trade Marks Act, 1999 states that “A trade mark may be limited wholly or in part to any combination of colors and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark.”

By this, it means that any individual or company can register a color or combination of colors associated with their brand if the trademark registry finds any distinctive character in that color mark. To make your product stand out from the competitors in the eyes of the audience, you need to have a different color scheme, distinct characteristics. However, it is important to note that registration of a color mark is only accepted by the trademark registry in exceptional cases. That is why it is always advisable to seek the help of a trademark attorney for your trademark registration.

In the case of Deere & Co. & Anr vs. Mr. Malkit Singh & Ors. (CS (COMM) No. 738/2018), the Delhi High Court, in 2018, granted protection to the distinctive green and yellow color combination employed exclusively on the plaintiff's agricultural tractors. This protection was justified based on the established reputation, distinctiveness, and immediate identification of the plaintiff's products. The court recognized the enduring usage of this color combination for a century and emphasized that the public had widely associated the yellow wheels and green body with Deere tractors.

WHAT IS DISTINCTIVE CHARACTERISTIC OF COLOUR MARK?

As stated, a color mark is only registered if it is distinctive in nature and exceptional. Accepting a color mark is at the discretion of the trademark registry. However, you should always ensure that your color mark has distinctive characteristics. Some of the things which you should consider are:

Practical Benefit: Assess whether the design (or color) provides a practical advantage.
Availability of Other Designs (or Colors): Examine if alternative designs (or colors) are readily accessible.
Advertising Emphasis on Practical Benefits: Consider whether advertising emphasizes the practical advantages of the design (or color).
Manufacturing Process: Evaluate whether the design (or color) resulted from a straightforward or cost-effective manufacturing process.

If an applicant wishes to secure trademark rights for a particular color, they must demonstrate that the claimed color is uniquely linked to their brand or exclusively represents their products. This entails presenting evidence to establish the distinctive association between the color and the applicant's goods.

HOW TO REGISTER COLOR TRADEMARK IN INDIA?

For registration of a color mark, the applicant needs to claim that particular color or combination of colors. In the TM-A application form you should mention that you are filing for the COLOR MARK. A clear picture of the color should be added along with the name and further the description of color combination as mentioned in the International Classification System of Colors. Along with this the registry also requires the applicant to provide a brief description of what the color mark consists of. Generally, the application of color mark faces objection under Section 9(1)(a) of the Trade Marks Act, 1999. The process of registration of a color mark is a complex process and applicants should always seek help from trademark attorneys for registration of a trademark of color.

REGISTERED COLOR MARKS IN INDIA

In India, the concept of registration of color trademarks is governed by Section 10. Many established brands, companies have registered their color mark and they enjoy the protection provided to them by the Trade Marks Act, 1999. Some of the brands with registered color trademark in India are:

SR NO	COMPANY	COLOUR	COLOUR MARK
	T- MOBILE	MAGENTA
	CATERPILLAR INC.	CATERPILLAR YELLOW
	COCA COLA	RED
	UPS	BROWN
	TIFFANY BLUE	TIFFANY & CO.

CONCLUSION

From the examples and cases stated above, it is quite clear that registration of color trademarks is a common practice in India. However, the applicant should be able to prove the distinctiveness of the color mark and the association of the color with the goods and reputation in the eyes of the public. To register your color trademark, you can contact any trademark attorney or trademark agent.

Do you want to register your trademark or color trademark? Contact Compliance Calendar today for speedy assistance. We will be more than happy to help you.