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May 3, 2011

Colourful Trade Mark Decision Overturned

Managing Intellectual Property

Colorplus Fashions, an Indian corporation, applied for registration of the mark ColorPlus (stylized) in Thailand in Class 25 for apparel products.  In examining the application, the Trademark Registrar determined that the word “colorplus” signifies colorful or high-quality colors, which is directly descriptive of the properties and/or characteristics of the applied goods.  Correspondingly, the mark was refused for registration on the grounds of nondistinctiveness. Colorplus filed an appeal to the Board of Trademarks, but the Board agreed with the Registrar’s refusal on the same ground.  Facing rejection of the mark, Colorplus filed a civil suit before the Central Intellectual Property and International Trade Court in an attempt to overturn these decisions, as described in this article.

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