The registrability of single colours as trade marks

Abstract

Given the importance of colour in the branding of goods and services to suggest and identify their source, under what conditions and circumstances may a single colour satisfy the legal requirements of being capable of distinguishing their goods and services from the goods and services of competitors?

This dissertation interrogates and compares the position in various countries. The registrability of colours as trade marks has been tested in various jurisdictions over the years. However, the question remains, can a single colour serve and be registered as a trade mark and ultimately be used and enforced as a trade mark?