International Journal For Multidisciplinary Research

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Single Colour Marks a Gray Area- An Attempt to Re-tool the Indian Legal Framework

Author(s) Rishab Jain
Country India
Abstract The idea of trademarks is not a recent invention; it dates back over a considerable period of time. However, as times changed, it significantly evolved and got refined. With new developments and innovations have come about over time, different classes of marks have requested protection in the area of trademark law. However, not all of these marks were accepted to the same degree. One such particular class of mark is the single colour mark. The tussle over the registrability of single colour marks is the ongoing discourse which has the potential to generate wide-ranging ramifications for the trademark law. Different jurisdictions have attempted to solidify their legislative framework in response to single colour marks. However, there exist jurisdictions like India which are still searching for the correct path.
The present paper makes an attempt to contribute to the existing set of literature by structuring the approach in relation to the issue of registering and validating the single colour marks within Indian legal framework. The paper makes an exploration to the Acts, Rules. Judicial Dictums and suitable foreign learnings in a structured manner for unravelling the conundrum persisting over the validity of single colour marks within the jurisdiction of India.
Keywords trademark, secondary meaning, distinctiveness, functionality, single colour marks
Published In Volume 6, Issue 2, March-April 2024
Published On 2024-03-14
Cite This Single Colour Marks a Gray Area- An Attempt to Re-tool the Indian Legal Framework - Rishab Jain - IJFMR Volume 6, Issue 2, March-April 2024. DOI 10.36948/ijfmr.2024.v06i02.15106
DOI https://doi.org/10.36948/ijfmr.2024.v06i02.15106
Short DOI https://doi.org/gtmzrj
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