The simple answer to this is, Yes, it is possible; provided the color meets the specific requirements under the Trade Marks Act of Singapore. Just like any other marks, colors are registrable as trademarks if they are distinctive and capable of distinguishing the goods or services of an applicant from that of another. However, this may prove difficult, as the applicant has to prove that the color alone creates a strong association with his brand in the minds of consumers.
Color Trademark Requirements
In order for a color to be trademarked, it needs to satisfy the criteria of distinctiveness. The applicant has to show that the color has attained secondary meaning by long usage and promotion. It should be a unique identifier of the brand and associated with the goods or services that it represents.
The process begins with the filing of an application for Singapore Trademark Registration with the Intellectual Property Office of Singapore. The application should identify the particular color sought to be trademarked by an internationally accepted color code, such as Pantone. The description should clearly indicate how the color is applied, such as on product packaging, logos, or specific product parts.
Challenges and Considerations
Trademark registration of color is not as straightforward as the regular process. An applicant needs to show that the color is not serving a functional purpose and is not commonly used in the industry. For instance, colors commonly used for functional purposes, such as red for warning signs, will not be entitled to protection. Moreover, competitors can oppose trademark applications on the basis that such a trademark application limits their legitimate use of the color.
Conclusion
Trademarking a color in Singapore is possible, but it requires substantial evidence and clear documentation. Companies seeking Singapore Trademark Registration for a color should work with legal experts to strengthen their application. Successfully securing a color trademark provides robust brand protection, ensuring that the color remains uniquely associated with the business in the marketplace.