2022

Nicoleta Rodica DOMINTE, Associate Professor, Ph.D., Faculty of Law, “Alexandru Ioan Cuza” University of Iași, “Trademark Registration of a Color Name—A Semiotic Analysis of ‘OFF-WHITE’ in Trademark Color Theory”

DOI: https://doi.org/10.31178/AUBD.2022.02

Abstract: Inthis article, we will examine, from a case law perspective, the relevance of a color name, addressing aspects related to the dictionary definition of the term as well as the significance of its distinctiveness. The analysis will be framed within the Off-White LLC v. EUIPO case, highlighting the symbolic value of both the trademark and the name of a color, interpreted in the context of the trademark’s functions through the prism of the verbs “to differentiate” and “to identify.”

Keywords: trademark, name, color, symbol, distinctiveness.