Majority of the jurisdictions that is inclusive of the European Union do not tend to give value to color irrespective of its very nature. However, when considering limited circumstances, it is possible to register trademark in accordance with an abstract color. The provisions of law that are responsible for governing registration can be considered as more or less the same for each and every category of the mark. However, when there is a consideration of color mark, there seems to be an involvement of restrictive interpretation, further making registration a very difficult step for the delivery of performance. Even though appropriate justification has been placed for the restrictive approach when considering registration perceiving the need of maintaining soundness in the operations of justice, it is influenced by some of the factors further ahead that limits the scope of protecting colors. These types of factors hold the tendency of involving the limited number of colors available, and there seems to be a crucial need for protecting the free competition across the industries.
Several legal regulations have been granting exclusive rights to the proprietor having registration of trademark for using it, while others are excluded from its utilization. This can be considered as a major problem in context with the use of colors. As a result of this specific reason, the courts lack motivation, willingness and evidence in case of imposing monopoly over a color per se, as when the protection and enforcement of non- traditional trademarks can be identified as a major issue. Huge difficulties are involved when there is a need to determine the border between the hindering competition and right of owner across the market. Therefore, the key argument is still regarding how far there can be an extension of protection provided and where there must be setting up of the limit.
This essay has been successful in revealing that even if there has been an expansion in the law of trademark since the last two decades for inclusion of non- traditional trademarks, with colors as one of them, color can be considered for registration of trademark only under certain circumstances. With the crucial need to overcome each and every hurdle, enforcement and registration can achieve success for a color mark if there is provision of victory to a brand, proving its recognition and success across the market, instead of a usual thing. Also, while there is setting up and harmonizing of the law on trademarks, it is extremely important to consider the major uncertainties followed by factors for accepting or refusing to register the trademark in accordance with color. This may be involving significant variation depending upon case to case.