I.Protect: Colors in trademarks-A A +A
Thursday, October 11, 2012
Clint Fabiosa & Ana Liza Villamor
IN registering a trademark, one may claim certain colors as part of the trademark.
In doing so, exclusive use of those colors maybe had. There are limitations, however.
One such limitation is that a color may not be claimed if it serves a purpose vis-à-vis the product, or that the color is merely functional. A good example would be the color orange. The color orange may not be claimed as an element of a trademark for products that would involve traffic warning devices or for life safety devices (like life jackets). The orange color is favored in these products because it is easy to spot. Similarly, the color amber is merely functional for medicine or beer bottles as it protects the contents thereof. Hence, the color amber is may not be claimed for medicine and beer bottles.
Published in the Sun.Star Cebu newspaper on October 12, 2012.