After the Arnoldian reference to the Court of Justice of the
European Union (CJEU) regarding the 3-D shape of a Kit Kat, here’s another story on tricky unconventional signs,
namely colour trade marks. This time the IPKat takes a trip down to Spain,
where the Supreme Court provided some guidelines in its decision of 2 December
2013, recently published.
This IR designated Spain. Once it reached the Spanish Trade Mark Office, the application received a not really warming welcome from Jazz Telecom S.A.U., another telco with a very orange brand image [although those two oranges were slightly different, Merpel notes: the Orange’s orange looks much more orange than the Jazz's other orange], which brought opposition alleging lack of distinctive character.
For these reasons, the Court concluded, registration of colour trade marks should be limited to those “extraordinary circumstances” in which a certain colour acquired distinctive character as a consequence of its use and only insofar as the application is referred to a specific and limited number of products or services.
|It's Jazz, I'm orange: |
Some good jazz to reflect upon it here.