(Abstract) a color mark is a mark, which consists only of a color as such, without a delimitation.

Background

An abstract color as such knows the function of a mark to thus differentiate fulfill goods or services of an enterprise from that other enterprises. Thus a color can be registered in principle as mark into the register of trademarks.

As is the case for all mark types (word/picture mark, word mark) distinctiveness for the goods and services stressed in each case must be given also with the color mark. Due to the multiplicity of the colors used in the who-bleached surrounding field, this is usually however not the case. Frequently therefore only a traffic penetration makes an entry for a color mark possible into the register of trademarks.

Problematic is here - as with the smell mark - the requirement of the graphic representability. For this the EuGH in its Sieckmann decision (EuGH, legal matter C-273/00) in later repeated building chemistry decision referring in the Libertel and Heidelberger that the graphic representability is given to a mark only if it is clearly, clearly, in itself finally, easily accessible, understandably, durable and objective, so that for abstract color marks the colour must be indicated after an international color classification system such as Pantone, ral, HKS etc.

This led out mehrerlei reasons to criticism. On the one hand the color classification systems are partly commercially and appropriate Farbkarten only commercially available. On the other hand the companies change the colours in the course of the time, so that for example Pantone 382 can be at a later time another colour than at the time of the Markenanmeldung.

Examples

• Pantone 382/386 (different green tones): Dresden bank for different financial services
• RAL-1021 (yellow): General German Automobile Association for different services in the automotive sector (repair, towing)
• Magenta: German Telekom
• An overview to color marks world-wide - color marks in Germany and where color marks to be everywhere registered can.

Literature

• "“The protection of the abstract color mark"” of Kathrin SAM who, see in addition

Articles in category "Color mark"

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