Colour trademark
An ( abstract ) color mark is a mark consisting solely of a color per se, not a figurative boundary.
Background
An abstract paint as such can fulfill the function of a trade mark, namely goods or services of one undertaking from those of other undertakings. Thus, a color are generally registered as a trademark in the trademark register.
As in all types of mark should also be available in the color mark has distinctive character for each of the goods and services. Due to the number of colors used in the promotional environment, however, this is not the case in general. Frequently, therefore, only allows traffic enforcement a registration of a color mark in the trademark register.
The problem here - as in the olfactory mark - the requirement of graphical representation. To this end, the ECJ has in Sieck its decision ( ECJ Case C-273/00 ) later repeated reference in the Libertel and Heidelberger 's construction chemicals decision that the graph representability of a brand is only given when it is clear, precise, self-contained, easily accessible, intelligible, durable and objective, so that with abstract color marks the tone for an international Farbklassifikationsssystem such as Pantone, RAL, HKS, etc. must be specified.
This has led to criticism for several reasons. First, the color classification systems both commercial and corresponding color maps are only available commercially. On the other hand change the company, the colors over time so that, for example, Pantone 382 ( a yellowish green ) may be a different shade at a later date than the time of the trade mark application.
In February 2010, 95 color marks were registered with the German Patent and Trademark Office.