As per the Indian Trademarks Act, 1999, “Trademark is a mark capable of being represented graphically and distinguishes the goods and services of one person from those of others”. Owing to increasing businesses and an ever growing economy, the Trademark has attained significance as it fulfils the purpose of distinguishing one's brand from another. This distinction can be made in name, symbol, shape, color, device, and anything included in graphical representation.

 

 

To make marks creatively distinguishable, the proprietors came up with different ideas and one of them was a ‘Single color’ trademark. A single color trademark is a non-traditional trademark in which just one color is used to identify the commercial origin of items or services uniquely. Single colour trademark registrations are issued only in extremely unique instances, since most of the typical customers are not in the habit of forming assumptions about the origin of products and services based purely on its colour or the colour of its packaging. Most of trademark applications for single colour trademark are vulnerable to objection by the Trademark Examiner, since they fundamentally lack the power to differentiate. Another problem that this kind of Trademark brings for itself is that when they go registration, they are very likely to get notice of opposition from other proprietors as nobody is going to give up their right to use a colour.

 

 

 

According to World Trade Organisation “Any sign...capable of distinguishing the relevant goods or services of one undertaking from those of other undertakings” The rules are the same for all kinds of Trademark. Single color Trademark is not excluded from this. In India, the law has recognized its registration; however, registration essentials are kept high. It should be protected only based on acquired uniqueness and shall be protected only to the extent of that specific shade of color .

 

 

 

 

An essential requisite for registering a single color trademark is making the color mark unique and creating substantial goodwill among customers to recognize it as a symbol of origin for particular goods. The possibility to do that is when the mark is well-known. , Recognizance and prior use over an extended period of time aid in establishing a well-known mark and, ultimately, obtaining a single colour trademark registration.

 

 

 

 

For an instance, Cadbury a well-established brand proved it’s packaging to be distinctive .So, Cadbury sought registration of a trademark for the Pantone2685C (Dairy Milk's Purple) color, but Nestle objected. Finally, after ten years of battle, the England and Wales Court of Appeals ruled in favour of Nestle and banned Cadbury from registering the aforementioned purple color. However, it is worth noting that the court did not invalidate color trademark registrations per se but instead invalidated Cadbury's claim for seeking to register several formulas.

 

 

 

 

Similarly, the Delhi High Court in Christian Louboutin v. Pawan Kumar, argues that the decision did not consider section 2(m) of the Trade Marks Act, 1999(act). Even if the red sole developed uniqueness, the Court determined that it cannot be regarded as a legitimate trademark since it does not meet the mark criteria. The Court reasoned that if the Trademark is also the quality of the products, another person cannot be prevented from making or selling the same characteristic. Because a single color is the only distinguishing feature of the items, they fall under section 30. Thus, even though Louboutin owns the Trademark, others may use it following section 30(2)(a).

 

 

Even though registration of a single color trademark is accepted, it is evident that it has to go through a more stringent scrutiny process for registration. Compared to other marks, the single color is an easy target and lacks the capacity of a strong trademark