Pregledni rad
https://doi.org/10.31141/zrpfs.2021.58.142.1185
Challenges in coloring trademark registration in the EU
Tea Hasić
; Sveučilište Jurja Dobrile u Puli, Pula, Hrvatska
Sažetak
The aim of the paper is to highlight the challenges faced by entrepreneurs who want to register or to enforce a trademark over a single colour or over a combination of colours – either at national level in an EU member state or at the EU level. The paper explains why only a few trademarks over a single colour have been registered so far at the EU level, and why (according to relevant practice) trademarks over a combination of colours seem to be more vulnerable than the single - colour trademarks. As, according to revision of EU trademark law from 2015, product features (including colours) are to be deprived from trademark protection, whenever features in question: a) result from the nature of the goods, b) are necessary to obtain a technical result or c) provide substantial value to the goods, the author concludes that respective provision reflects the assertion stressed by ECJ in Libertel - i.e. trademark protection shall not be approved when it is expected to unduly interfere with the interests of competitors. The author concludes the paper by criticizing the interpretation provided by the ECJ in Heidelberger case, where the ECJ suggested how to represent a combination of colors in a clear and precise manner. Namely, the author believes that standards established by ECJ in Heidelberger case seem to be too burdensome – as they significantly complicate the trademark registration procedure, as well as the trademark enforcement procedure – thus, allowing competitors to act unfairly. Accordingly, the re-interpretation of standards established in Heidelberger case is suggested.
Ključne riječi
single – colour trademark; trademark over combination of colorus; Libertel; Heidelberger; Red Bull
Hrčak ID:
265080
URI
Datum izdavanja:
27.10.2021.
Posjeta: 1.035 *