Criterios Digital ' The Registration Of A Color As A Trademark

• Published date: 23 November 2020
• Subject Matter: Intellectual Property, Trademark
• Law Firm: CorralRosales
• Author: Mr Katherine Gonz'lez H

Katherine Gonz'lez, one of our associates whose field of specialty is Intellectual Property, has written an article for the medium "Criterios Digital". In her article, she analyzes the possibility of registering a color as a trademark in the Andean Community.

Her article begins by offering a brief description of what a brand is to guide the reader on what to read next: "A brand is any sign capable of graphic representation, which can distinguish a product or service in the market.

"It also informs that "the Andean community norm provides for the possibility of registering as a trademark a color delimited by a shape, or a combination of colors. Thus, it is possible to register a trademark made up of only one color as long as it is included in some line, shape, or silhouette. Though the trademark shouldn't fall in any of the grounds of irregularity provided for in the Law."

As reported by the Andean Community Court of Justice, the use of color must be arbitrary so that, in this way, the business origin can be identified through it.

In the...