An Overview of Colour Trademark In Pharmaceutical Industry

Colour Trademark in Pharmaceutical Industry
Karan Singh
| Updated: Feb 24, 2022 | Category: Trademark

Colours or combinations of colour are vital in differentiating products on the market. A Colour Trademark is one in which a minimum of one colour is utilised to perform the Trademark function of exclusively identifying the commercial origin of products and services. A single colour Trademark can now be registered in a number of countries. The Registration of Colour Trademark in Pharmaceutical Industry is increasing by Pharmaceutical Companies to recognise the source of those products or goods as belonging to their brand, and it’s for a variety of reasons. For one, many customers presently purchase OTC (Over-the-Counter) drugs; Trademarks help them recognise a trusted brand. Second, Colour Trademarks serve as a mark of the brand that develops it, and the third colour of pharmaceutical products has grown to be considered as generating a brand image. Scroll down to check more information regarding Colour Trademark in Pharmaceutical Industry.

Evolution of Colour Trademark in Pharmaceutical Industry

Until the mid-19th century, prescription medications in tablet form were consistently white & spherical. Before the 1960s, white or pastel coloured Over Counter medications were available. But in the 1960s, colour was added, and with the introduction of soft gel capsules in 1975, colours like yellow, red, and lime green became popular. In the current Pharmaceutical Industry, there are many colours to choose from. The colours are used for marketing purposes only and have no influence on the efficacy drug. Colour marks have become a vital branding tool in the Pharmaceutical Business because they address visual qualities by differentiating products from those of competitors.

Colours are presently being utilised to create brand images, direct the personality of products and differentiate them from rival brands; as an outcome, Pharmaceutical Firms[1] are spending a lot of time and money on the most eye-catching & appealing trade dress and markings for every new medicine they release.

What are the Benefits of Colour Trademark in Pharmaceutical Industry?

Following are the benefits of Colour Trademark in Pharmaceutical Industry:

  1. They help in lessening  the risks of counterfeiting;
  2. Colour Trademarks aid the brand to remain competitive in the market for longer duration;
  3. Colour marks create a unique and memorable image in the customers’ minds;
  4. Colour marks play an essential role in building brand equity & image;
  5. Such Colour Marks help in building customer loyalty.

Register Colour Marks: An International Viewpoint

As per the TRIPS Agreement, combinations of colours shall be entitled to Trademark Registration; however, members may limit registrability on individuality acquired via usage and members may require, as a condition of registration, that signs be visually apparent. As an outcome, countries can register Colour Trademarks based on their acquired uniqueness and graphical representation.

Earlier, Courts in the United States (US) were uncertain about accepting marks consisting exclusively of colours or combinations of colour. In the case of Jacobson vs Qualitex Co. (1995), the Supreme Court of the United States stated that occasionally, a colour would meet conventional legal Trademark necessities. “When it does, no specific regulation prohibits colour from being used as a Trademark or mark by itself. The Court did, but point out that a single colour may not be naturally unique and may only be safeguarded if it has acquired a secondary meaning through use in conjunction with descriptive marks or words. As an outcome, the following are the two most vital necessities for getting a Trademark Registration for a single colour mark:

  1. The colour should have acquired uniqueness;
  2. The colour should not be functional to the mark.

How to Register Colour Trademark? : An Indian Outlook

Among all the industries in India, the Pharmaceutical industry has the largest number of Trademark Registration applications. Colour Marks, mainly single Colour Marks, are difficult to register in India. Although the Trade Marks Act, 1999 doesn’t specifically prohibit the registration of single colour marks, representing uniqueness in a single colour is difficult unless the colour has come to characterise uniqueness in a single colour is hard unless the colour has come to characterise the origin or source of the product/item as an outcome of a long association with a particular mark, permitting easy differentiation of the product or item from others in the same class. The example of Single Colour Trademark is the purple colour for Cadbury, blue colour for parachute bottle etc.

The Manual of Trademarks, Practice, and Procedure 2015 gives the following points for Colour Marks Registration:

  • The applicant is claiming a colours combination, as applied to the products on their packaging, or used in respect to their services, as a Trademark; they must claim this by recognising the Trademark as a Colour Trademark. Along with the exact or precise description of the colour combination according to the International Classification System of Colours and supplying a graphical representation of the Trademark, the applicant should also provide a concise and correct description of the Trademark on application.
  • If a statement in the Trademark application has been made that the Trademark includes Colours combination only, the Trademarks will be regarded as Colour Trademark. If a particular Colours combination of packaging has become unique, in fact, as showing the products of a particular trader, there is no specific reason why it shouldn’t be safeguarded by registration. However, if the colours are not used in a special/particular pattern or arrangement, it’s likely to be harder to prove that in such cases, the colour would lend uniqueness as a symbol of origin.
  • Wherever the right to colour is sought, weighty evidence must be vital to overcome the objection under Section 9(1)(a) of the Act, 1999, which bars Trademark Registration that doesn’t have a unique character.
  • A Single Colour may be eligible for Trademark Registration if it is very strange and unusual in a trade and is recognised by Traders & consumers alike; it serves as a badge of origin for that class of products.
  • A Colours combination may be registrable, but this will depend on its distinctiveness and how it is used. If the colours are presented as a symbolic mark, as few as two colours could be accepted; when applications include simply colours applied to the products or their packaging, it will be vital to consider how uncommon the colour combination is in relation to the products and whether prima facie, the combination is probably to strike the potential customers as a sign of trade source.

Conclusion

Colour Trademark in Pharmaceutical Industry is increasing; one must comply with the Trademark Laws and procedure & ensure that the colour mark shows the product source and that it has acquired uniqueness. Since a single colour lacks the intrinsic capability to be unique, the standard of proof has been kept very high. But, there is no exhaustive test as to whether the colour has acquired uniqueness, and it all relies on how the customers perceive the colour. Therefore, pharmaceutical companies must build their brand by using unique Trademarks, specifically colour marks.

Read our Article:A Complete Analysis on the Concept of Trademark Dilution

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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