Post by EUIPO - European Union Intellectual Property Office

Can a colour name be registered as an EU trade mark? It depends on whether the relevant public would perceive the sign as describing a characteristic of the goods. In its recent judgment T‑56/25 – ROSE, the General Court confirmed that the word mark ‘ROSE’, meaning colour pink in both English and French, is descriptive for clothing, footwear and headgear, as it is strongly associated with baby clothing, a specific subcategory of those goods. As the EUTM application was not limited and covered that subcategory, the mark was found descriptive for the category as a whole. While a colour is not automatically a characteristic of goods, it may become one where it is perceived as an intrinsic feature in a specific market context. Read the judgment here: https://lnkd.in/exWg5XbF Read more about assessment of signs consisting of names of colour in this Board of Appeal’s research report - https://lnkd.in/eFBUgy9b