How to approach colour marks after the Red Bull ruling


Michał Ziółkowski

How to approach colour marks after the Red Bull ruling

Credit: EUIPO

Applicants for EUTMs covering colour combinations should clearly state the relationship between the colours and follow other best practices, says Michał Ziółkowski, an EU trademark attorney at K&L Gates.

Business entities are particularly careful about the promotion of their brands, which includes the creation of marks with extensive colour layers and their protection, thereby strengthening their market position.

The reality is that a well-chosen colour combination in an individual distinctive sign, ie, a trademark, plays a significant role in acquiring customers. Despite the distinctiveness attributed to specific words or fanciful and catchy slogans, a well-thought-out colour layer of a mark can significantly distinguish goods in the course of trade.

Red Bull judgment

Non-traditional marks, Red Bull trademark, colour trademarks, European Union Intellectual Property Office, EUTM application, European Union trademark