Abstract
... The Trade Mark Directive 2015/24366 seeks to adopt a liberal approach as to what may, prima facie, serve as a trade mark, with express reference made to the potential for colours to be regarded as ‘signs’ eligible for registration.7 The Directive also lists words, letters, numerals, shapes and sounds as capable of being signs. These all subsist at a conceptual level of generality. The Directive then imposes greater specificity by requiring the abstract concept of ‘sign’ to distinguish the goods or services of one undertaking from those of another, to be represented on the trade mark register and to fall outside of the absolute grounds for refusal.8
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