This country's IP Body has refused to trademark “Beige” for Chanel

July 1,2019:

Carolina Blue and White is a strong logo of the University of North Carolina. Similarly Tiffany Blue is popular for its colour. A Color represents a brand.

Recently Israeli Patent Office rejected Chanel's, Beige Mark. Beige means a pale sandy fawn colour. Chanel is famous for its cosmetic brands. Recently Chanel's application for Beige Trademark was rejected by the Israel Patent Office.

Trademarks are fanciful, arbitrary or distinctive are usually eligible for registration in Israel. Israel is a signed member of Paris Convention, Trip, Nice, Lisbon, & Madrid Agreements. In 2008 an application was made to register the word “Beige”. The application was granted in 2009 by the United States Patent and Trademark Office.

The “Beige” trademark was fortunate enough to get registered as a Trademark in different jurisdictions of the United States. However, ForUsByUs (FUBU) was not lucky enough to get a green signal for registration of its “Canary Yellow” mark for Apparels.

It was said that as it is merely a descriptive mark of a brand, hence is not capable of registration. “Beige” is also registered in Spain, Australia and Chile.

The Israeli Intellectual body said that no mark is valid for registration unless it is capable of distinguishing between the goods of the proprietor of the mark and the goods of others and rejected application for “Beige” mark.

Further IP Body’s Commissioner said that colours are not eligible for registration unless the applicant can show that the mark has come to identify the source of the product in the minds of consumers. By showing sales success, advertising, and third-party media of the specific mark in the jurisdiction at issue. IP office of Israel held that consumer does not see the name of the colour as the source of the goods but rather as describing the attribute of the goods.

The learned Counsel of Chanel presented the sample of GreenTea, BrownSugar and Blue Cheese but ultimately failed to convince the authorities of Israeli Intellectual Property Body. Businessman spreads his business in the world. Intellectual Property Rights provides an identity to the business products.

If two countries have different laws regarding IP rights then it creates a massacre. This case is a big example of such a situation. The territorial natures of IP laws are tried to put in one thread through various agreements but the decisions are mostly taken from the perspective of consumers.

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