Abstract
The importance of colours as indications of origin may be measured by raising a number of issues, not only to be dealt with in CTM application proceedings but also on the national level through an increasing number of infringement proceedings, very often connected with invalidation applications against colour registrations on which infringement claims have been based. In proceedings for preliminary ruling, Libertel (CJEU, 6 May 2003 - C-104/01) and Heidelberger Bauchemie (CJEU 24 June 2004 - C-49/02), the Court of Justice of the European Union (CJEU) confirmed that colours are open to trade mark registration but expressed doubts as to their inherent distinctiveness if specific circumstances are not given. More recently, the German Federal Patent Court asked the CJEU to provide guidance on the requirements to be fulfilled by a colour trade mark for secondary meaning to be acknowledged (CJEU - 19 June 2014 - C-217/13 and C-218/13 - Sparkassen Rot).
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