Nicoleta Rodica Dominte*

Abstract

A frequent sign in tradmarks is represented by colours or shade of colours. The European Union Court decided that a colour per se may acquire distinctness in the Libertel case. The challanges of a trademark registration are raised by the graphic represention, the distinctive character and the risk of monopolisation. The jurisprudence reveals that a colour can be registered as a trademark if the judges will analyse all the circumstances of the case. With this view in mind, we want to establish if a colour can be protected as the dominant element or as the unique sign of a trademark.

* Lector univ. dr., Facultatea de Drept, Universitatea „Al.I.Cuza” Iaşi