The team is joined by GuestKats Mirko Brüß, Rosie Burbidge, Nedim Malovic, Frantzeska Papadopolou, Mathilde Pavis, and Eibhlin Vardy
InternKats: Rose Hughes, Ieva Giedrimaite, and Cecilia Sbrolli
SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Hayleigh Bosher (Book Review Editor), and Tian Lu (Asia Correspondent).

Tuesday, 29 June 2004


On Friday 25 June this blog mentioned Case C-49/02 Heidelberger Bauchemie, the latest European Court of Justice ruling on the registration of colours as trade marks. Unlike the earlier ruling in Case C-104/01 Libertel, which dealt with the registrability of a single colour undelineated by shape, Heidelberger Bauchemie concerned a two-colour combination which was equally undelineated. The ECJ affirmed its earlier ruling and stated, in short, that colours were capable of being registered as trade marks either on their own or in combination with each other so long as (i) they constitute a sign and (ii) there is some systematic arrangement for using them in a uniform way. If this were not the case, registration of Heidelberger's undelineated blue-and-yellow livery as a trade mark could give protection against the use of both blue and yellow by themselves.

The active part of the ECJ's ruling reads as follows:

"Colours or combinations of colours which are the subject of an application for registration as a trade mark, claimed in the abstract, without contours, and in shades which are named in words by reference to a colour sample and specified according to an internationally recognised colour classification system may constitute a trade mark for the purposes of Article 2 of Council Directive 89/104 where:
―it has been established that, in the context in which they are used, those colours or combinations of colours in fact represent a sign and
―the application for registration includes a systematic arrangement associating the colours concerned in a predetermined and uniform way.
Even if a combination of colours satisfies the requirements for constituting a trade mark for the purposes of Article 2 of the Directive, it is still necessary for the competent authority for registering trade marks to decide whether the combination claimed fulfils the other requirements laid down, particularly in Article 3 of the Directive, for registration as a trade mark in relation to the goods or services of the undertaking which has applied for its registration. Such an examination must take account of all the relevant circumstances of the case, including any use which has been made of the sign in respect of which trade mark registration is sought. That examination must also take account of the public interest in not unduly restricting the availability of colours for other traders who market goods or services of the same type as those in respect of which registration is sought".
The IPKat thinks the court has got it right. He notes that the applicant for registration sought to support his case by citing Article 15(1) of TRIPs, which specifically mentions colour combinations as falling within the scope of a potentially registrable sign. The ECJ did not address this issue in detail, largely because it did not need to.

Blue and yellow here, here , here and here
Not to be confused with yellow and blue here, here and here


Admin said...

Great blog, keep up the good work. Glad to see sites like this.

Here is another good site I said I would pass along.
Domain Sale

Anonymous said...

Great blog! If anyone is interested in websites for sale feel free to come by my site and check it out. Thanks again! said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a professional hosting site/blog. It pretty much covers professional hosting related stuff.

Come and check it out if you get time :-)

Anonymous said...

Domain Names I have for sale

Please email hosting @ minus the spaces

KaptainMoney said...

Cool blog about web hosting. I'm
new to this whole blog thing but I have a
website basically about

href="">web hosting

Check it out sometime...

TWPAdmin said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a online dating
. It pretty much covers online dating
related stuff. It's full of resources and articles. Come and check it out if you get time :-)

Anonymous said...

Hey, you have a great blog here! I'm definitely going to bookmark you! The information and Internet marketing product evaluations that you provide are great for beginner webmasters.

Now, I have a related internet home business opportunity site/blog. It pretty much covers internet home business opportunity related stuff. In addition, I supply the secrets that I used to make $12,124 from Google Adsense last month.

Come and check it out if you get time :-)

Global Names said...

Hey, you have a great blog here! I'm definitely going to bookmark you!
I have a canadian domain name registration site. You better check it out some time.

TheDevilIsInTheDetails said...

computing domain nameGreetings! I have to say that I'm quite impressed that your blog ranks so highly for computing domain name . Because it does (And I'm wacky like that) I thought it might be beneficial to point out this resource for computing domain name

Subscribe to the IPKat's posts by email here

Just pop your email address into the box and click 'Subscribe':