Approaches to Registration of a Color as a Trademark under Civil Law with Respect to Light Industry Products

Difficulties in registering a color as a trademark arise for many reasons. The author questions the existence of a distinguishing ability of a color sufficient for a trademark to perform its function serving as a means of individualization, as well as its functionality and capability to be presented in graphic form. Due to the strongest visual component, it is in the light industry where there is the greatest demand for registration of colors as trademarks. Thus, the light industry is rich in examples of registration, as well as attempts to register, such designations. Most representative examples are the red color of the sole of Christian Louboutin shoes and turquoise color associated with Tiffany & Co. At the same time, in Russia there is no normative basis, judicial practice, or doctrinal studies that would allow us to develop the principles of determining the existence of discernible ability of color or approaches to their establishment. Thus, the paper relies broadly on the legislative and enforcement experience of foreign legal systems that allow us to trace the different logic of compliance of color symbols with trademark criteria, as well as limits for establishing rights to color symbols, which can be useful for adapting best practices in our country.