Resolving the issue of registration of a trademark consisting exclusively of one colour - SC CommCC opinion

The company applied to the National Office for Intellectual Property to register the pink colour specified by it as a trademark for the corresponding services of class 39 of the International Classification of Goods and Services for the registration of marks for ‘air passenger transportation, airline transportation services’.

Following the conclusion of the qualification examination, which became a decision, and the decision of the NOIP Appeals Chamber after considering the company's opposition, the trademark registration was refused on the grounds that the material submitted did not prove that the colour applied for was distinctive as such in relation to the company.

Disagreeing with these decisions, the company applied to the commercial court to declare them invalid. The local commercial court granted the claim. The court of appeal cancelled the decision and issued a ruling dismissing the claim.

Resolution of the Commercial Cassation Court of the Supreme Court of 20 August 2024 in case No. 910/13105/21 - https://reyestr.court.gov.ua/Review/121174235.

This and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.