Color-Blind Trademarks and Its Registration in India: A Comparative Study With India, E.U and U.S.A.

Abstract

Color-blind trademarks are marks that do not rely on color as a distinctive element and are increasingly gaining popularity among brand owners. This study presents a comparative analysis of the legal framework and practical implications of color-blind trademarks and their registration in India, the European Union (EU), and the United States of America (USA). This study examines the legal requirements for the registration of colorblind trademarks in these jurisdictions, including the relevant statutory provisions and case law. Furthermore, the research analyzes the impact of the registration process on the practical aspects of trademark protection and enforcement in India, the EU, and the USA. The research concludes that while the three regions share some commonalities in their approach to the registration of color-blind trademarks, there are significant differences that need to be taken into account by brand owners and practitioners in these jurisdictions. This research contributes to the ongoing debate on the evolution of trademark law in the global context and provides valuable insights into the complexities of color-blind trademarks and their registration. Additionally, the research considers the practical implications of the registration process. This includes analyzing the impact of registering colorblind trademarks on the ability of brand owners to protect and enforce their trademarks in each jurisdiction.