German Federal Patent Court (Bundespatentgericht) has published the following brief guidelines regarding trade mark protection on the red colour:
"If an abstract colour is used in connection with goods over a longer period of time in such a way that it creates an interconnection between the colour and goods on the one hand and between the colour and the manufacturer of the goods on the other hand, one can assume, that the targeted consumers will have become accustomed to recognising the colour not merely as the colour of the goods but as a sign that indicates trade origin".
"If an abstract colour is used in connection with goods over a longer period of time in such a way that it creates an interconnection between the colour and goods on the one hand and between the colour and the manufacturer of the goods on the other hand, one can assume, that the targeted consumers will have become accustomed to recognising the colour not merely as the colour of the goods but as a sign that indicates trade origin".
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