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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
NISCAIR PUBLICATIONS >
Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.17 [2012] >
JIPR Vol.17(3) [May 2012] >
| Title: | Colour Markability: Registrable in Few Nations, but Debatable among Many! |
| Authors: | Yang, Deli |
| Keywords: | Colour mark
Colour mark registration
Colour mark requirement |
| Issue Date: | May-2012 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | Colour marks have
been equally debatable before and after they became registrable in few
countries. Before some landmark cases set the broad legal framework for colour
mark protection, debates centred on the registrability. Nowadays,
registrability remains an issue, but heightened debates have been surrounding
the conditions and interpretations of this
non-traditional mark. With the increasing importance of marks for businesses
and organizations, colour mark issues have become internationally
controversial. This Global IP debate thus, opens with two landmark cases: Qualitex v Jacobson and BP v Woolworths. It then focuses on some
conceptual issues relevant to the colour mark itself, its origin with relevant
exemplar cases and historical evolvement, to enrich the legal framework and
accumulate case experience to resolve colour mark disputes. Next, this column
discusses the debates for or against colour mark registrations by drawing
arguments and reasoning from scholars and practitioners. The debate ends with
some reflections and a possible solution. |
| Page(s): | 246-250 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.17(3) [May 2012]
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