Single color trademarks in Latin America

3月 2022

The main function of trademarks is to distinguish the goods and/or services of a given business origin from those of other competitors. There are many different ways of registering a trademark, whether it is a word (consisting of one or several words), figurative (for example, a drawing), three-dimensional (the shape of a product, although it is not easy to get it registered either), a pattern (just think of an LVMH handbag), or even trademarks consisting of a combination of several colors, etc.

It is no easy task to obtain the registration of a trademark consisting of a combination of two or more colors but the task becomes more complicated when the aim is to obtain a single color as a trademark. This is logical, since the fact of obtaining a trademark gives the owner the exclusivity to prevent third parties from using it.

EUROPE

In Europe, for a single color to be registered as a trademark it is required that the color (as in all other cases) has or has acquired through use: distinctiveness. However, the requirement of distinctiveness is much higher for a trademark that seeks to “monopolize” a color than for other types of trademarks such as word or figurative marks, for example.

It must be considered that the fact of obtaining a color as a trademark for a certain product or service would prevent a competitor of the same product or service from using the same color, regardless, for example, of whether the names of both trademarks or companies were different.

LATIN AMERICA

If we go to Latin America, things change as we have to analyze country by country. In the following infographic we explain in detail what happens in each of the countries in the region.