The Voivodeship Administrative Court in Warsaw in its judgment of 3 August 2005, case file VI SA/Wa 1482/04 held that a single colour is not able by its nature to independently distinguish goods of individual entrepreneurs. But, even if a single colour is devoid of any distinctive character according to article 3(1)(b) of the First Directive, it may acquire such a distinctive character in relation to goods by use of such coulour. This factor should be considered when assessing the registerability of a single coulour as a trademark.

This judgment concerned separate Color RED Pantone 485 C applied for by Firma Cukiernicza SOLIDARNOŚĆ – rok założenia 1952 Spółka z o. o. from Lublin for goods in class 30 such as confectionery, chocolate confectionery, sweets.

Categories: absolute grounds for refusal | Art. 29 TMA | Art. 315 IPL | Art. 4 TMA | Art. 7(1) TMA | Art. 7(2) TMA | Directive 89/104/EEC | distinctive character | EU law | non-traditional trade marks | Polish Act on Trade marks | single colour | trade mark examination | trade mark refusal | trademark law | Voivodeship Administrative Court.