紅底鞋不具商標識別性 Christian Louboutin在歐盟法院敗訴
Is it available to trademark a color? That has no a concrete answer because Trademark Laws differs from place to place. In EU, its laws only protect words and graphs; under US’s trademark’s laws, similarly, it doesn’t include a color(s) as a trademark to be protected legally, while, in 1997, Taiwan amended the trademark laws to accept a color(s) as a trademark.
In fact, Color Trademark has low distinctiveness by nature, moreover, Single Color’s distinctiveness is also much lower than Color’s combination. Normal consumers just consider single color as a tool to decorate, and there is also a limit to recognize colors’ difference visually.
Therefore, if you are the person who plans to file a color trademark, we recommend you to use the color on your products first, and then to advertise them in large quantities to acquire the distinctiveness before you take the filing action.