COLOR TRADEMARK DESCRIPTIVENESS
Color trademarks are considered as descriptive when their color describes one of the characteristics of the goods that they seek to cover, lacking the required intrinsic distinctiveness to be registered as trademarks. The foregoing, since said descriptiveness prevents consumers from associating them in an unequivocal and immediate manner with their intended goods.
This is why the Superintendence of Industry and Trade issued Resolution No. 23782 of 2017, by means of which the decision to deny registration for the colored trademark consisting in Pantone 2695 C (a type of purple) to cover soft drinks and refreshments (goods in class 32) was confirmed, upon considering that it described the origin of purple fruit beverages.
It was argued that the color trademark denoted a specific origin and made reference to certain fruits that have a natural purple color or acquire it after having been processed to become beverages. Consequently, the color explains their origin.