Libertel Groep B.V. v. Benelux Merkenbureau

Court

European Court of Justice

Our Position

Under European trademark law, a color, under appropriate factual circumstances, can  function as a trademark.

Outcome

The Court ruled that color alone, without any form or shape, may function as a trademark if it has a distinctive character and if the color may be represented graphically in a way that is clear, precise, self-contained, easily accessible, intelligible, durable and objective.

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