Color brands are those distinctive signs that differentiate a product or service from others, due to the colors that compose it, in which the consumer, upon seeing the combination of said colors, can clearly distinguish that that product or service belongs to a brand. specific, identifying it immediately by its visual character.

This category includes words, logos, designs and/or combinations of these in color, as well as the color combination itself.

This type of trademark is regulated in article 37 of Law 61 of October 5, 2012, which reforms article 90 of Law 35 of May 10, 1996, which states that:

“Article 37. Article 90 of Law 35 of 1996 reads as follows:

Article 90. The following elements, among others, may constitute trademarks:

…

5. Colors in their different combinations.”

It should be noted that the Industrial Property Law does not allow isolated colors to be registered as trademarks or as elements thereof, unless said colors are combined, constituted or accompanied by elements such as signs, words, logos and /or that give them a distinctive character.