The possibility of colour registration per se

The admissibility of colour registration per se has been discussed at great length. In opposition to this possibility, the valuation of the general interest in not unduly restricting the availability of colours for other operators in the market («depletion theory»), has been invoked, among other thi...

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Detalhes bibliográficos
Autor principal: Carvalho, Maria Miguel (author)
Formato: article
Idioma:eng
Publicado em: 2014
Assuntos:
Texto completo:https://doi.org/10.21814/unio.0.9
País:Portugal
Oai:oai:journals.uminho.pt:article/267
Descrição
Resumo:The admissibility of colour registration per se has been discussed at great length. In opposition to this possibility, the valuation of the general interest in not unduly restricting the availability of colours for other operators in the market («depletion theory»), has been invoked, among other things. Nevertheless, in the current state of Community law the answer to this possibility seems to be affirmative, after the requirements of trade mark registration have been met. In this study we focused briefly on the main issues that arise in this area, in light of the Court of Justice of the European Union case law.