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10 Cards in this Set
- Front
- Back
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Why are colors hard to register? |
because they are usually seen as a simple property of things, consumers are not used to making assumptions based on color alone |
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what was said in libertel? |
Colour can in some circumstances distinguish the goods or services of one undertaking from those of other undertakings (but does not do this inherently) Colour is probably not distinctive (from the viewpoint of the average consumer) without prior commercial use but colour can acquire distinctive character When considering applications to register colours, need to take into account the public interest relating to unjustified monopolies on colour to the detriment of competitors as number of distinguishable colours is limited.(color depletion theory) On the other hand: if the number of g/s is veryrestrictive and market is specific, colour can be registered. |
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what is the main principles coming from libertel? |
A color is more likely to be distinctive where it is registered for a narrow class of goods for a narrow market quote - "where the number of goods for which the mark is claimed is very restricted and the relevant market is very specific" and color is unlikely to be distinctive without prior commercial use |
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what were the goods in libertel |
orange dyed seeds |
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what were the goods in Kuka Roboter were they held to be distinctive |
orange for industrial robots - no |
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what did the court add to the libertel principle in kuka roboter |
a single color mark is only in exceptional circumstances, for a narrow range of goods anda well educated public |
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what case is an example of a very narrow class of goods? |
KWS SAAT AG v OHIM - pre libertel > court allowed registration of a shade of orange in relation to technical and business consultancy services in the field of plant cultivation- justified b/c very narrow scope of the sector to which the mark related |
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what is the quote in libtertel |
"because as a rule, color per say is not in current commercial practices used as a means of identification" |
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What is the law surrounding distinctiveness of color combinations? (4 points) What is the case? |
Heidelburger Bauchemie ECJ held that a colour combination which isn't spatially delimited is not a registrable trade mark, because it is not sufficiently precise that competitors can see from the register exactly what is protected.This type of mark would encompass too many possible combinations and interpretations.Impossible to say that a consumer would be able to remember each one with certainty. Arrangement of colours in a colour combination mark must be systematic, predetermined and uniform. |
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Viking v Ohim |
held that a grey-green color scheme on garden tools would be percieved by customers as relating to the finish of a product, as opposed to indicating its origin |
