The Impact of Registration of a Single Color as a Trademark on Unfair Competition

Abstract

The application for registration of non-traditional signs as trademarks has been increasing over the last two decades. “Single Color” is one of those non-traditional signs which has been applied for, especially in the U.K and U.S.A. Similarly, the Iraqi Trademark Law has allowed registration of colors as a trademark. However, the case law argues whether a single color may satisfy the requirements for registration of a trademark. On the other hand, the risks of color exhaustion and the anticompetitive effects of color monopolies are the main concerns on allowing the registration of single color trademarks. Therefore, protection of such trademarks from unfair competition might be difficult.