Colours are often used by businesses to distinguish their goods and services, whether by use on products itself, on the packaging or in advertising material. Therefore, companies sometimes attempt to register colour per se as a trademark or a combination of colours or complex marks with coloured word and figurative elements or trade dress. Each one of these possibilities gives rise to different legal considerations. This article aims to give a general overview of the principles and problems involved in protection and enforcement of colour trademarks in the light of current judicial trend.
