I.Protect: Colors as trademarks

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Thursday, February 14, 2013

Clint Fabiosa & Ana Liza Villamor

IN OUR jurisdiction, colors may be registered as trademarks as long as they are defined by a given form. A color alone is not acceptable. The form is required so the trademark could be distinctive.

For example, a logo maybe described as a “red circle” or a “blue square.” In other jurisdictions, the registration of colors alone is allowed - if such colors do not have any function vis-à-vis the covered goods.

The color orange and red, for instance, are commonly adopted in warning devices because of these colors’ function: they can easily be seen. Some famous color trademarks are the Tiffany blue and the Coca-Cola red.

Published in the Sun.Star Cebu newspaper on February 15, 2013.

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