Marketing and the law: defending single color trademarks

Byron W. Keating and Tim Coltman

MPRA Paper from University Library of Munich, Germany

Abstract: Most international jurisdictions have sought to broaden their definition of a trade mark following the Qualitex v Jacobson Products (Qualitex Case)2. In Australia, the Trade Marks Act (Cth) 1995 was introduced to recognise that colors, scents, shapes and sounds could be registered as a trade mark provided the mark was capable of distinguishing, in the course of trade, the proprietor’s goods or services from the goods or services of others. However, to date, it has proven extremely difficult to defend the registration of a single color trade mark in Australia.

Keywords: Trade marks; marketing; color (search for similar items in EconPapers)
JEL-codes: K13 M31 (search for similar items in EconPapers)
Date: 2008-03-01
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Published in Journal of the Academy of Marketing Science 3.37(2009): pp. 375-380

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