• AKASH CHATTERJEE

Distinctiveness is quite an open to interpretation word that serves as a defining meaning to grant of a trademark. It is that certainty which protects and serves to secure the uniqueness of any product in the eyes of law and distinguish it from others. While a variety of attributes serve to shade this distinctiveness, colors form an important part of the discussion. While section 10 of the Trademarks Act of 1999 seeks to codify the colour question, what remains as an intriguing confusion is the nature of colours – whether single or a combination and if single then how can its distinctiveness be showcased. With new cases on this issue, subsequent amendments and TRIPS guidelines, there is a scope of research in ascertaining distinctiveness through this colourful dilemma. Colour is that essential part of a brand name or logo which grabs attention and retains them, becomes a symbol by way of which it gets stored in the memory of consumers and users, and hence assumes fundamental importance in securing protection. While section 10 acts as the statutory authority, there are other executive rules and manual that aides in the substantive codification. Much of the law is beyond codification and reliant upon interpretation and hence research on these matters always bear certain fruitful results.

Distinctiveness Colour Mark Identification Codification Statutory Interpretation

"COLOURFUL DILEMMA IN TRADEMARK PROTECTION IN INDIA", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.8, Issue 12, page no.b815-b820, December-2021, Available :http://www.jetir.org/papers/JETIR2112194.pdf

"COLOURFUL DILEMMA IN TRADEMARK PROTECTION IN INDIA", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.8, Issue 12, page no. ppb815-b820, December-2021, Available at : http://www.jetir.org/papers/JETIR2112194.pdf