Grundfos
We are behind the registration of Denmark's first colour trademark.
The Grundfos company has acquired the Danish sole rights to the distinctive shade of red used for its circulation pumps.
This is the first time a colour has been registered as a trademark in Denmark.
As trademark adviser to Grundfos, Chas. Hude has been instrumental in securing the company exclusive rights to the colour.
Grundfos red
"We are naturally delighted that that the red we use is now also ours legally. Acquiring the sole rights to 'Grundfos red' is wholly consistent with our trademark strategy," says Legal Counsel Kristina Klimova from Grundfos’ Legal Affairs section in Switzerland.
"Registering a colour as a trademark is another way of protecting your product. Holding the right to a colour trademark affords very extensive protection which prohibits others from marketing a similar product with the same colour," says Kaj L. Henriksen, European Trade Mark & Design Attorney and a partner with Chas. Hude A/S.
Complete protection
Kristina Klimova reports that protecting its circulation pumps, particular the A-marked Alpha 2, is a Grundfos priority.
"We have established complete protection for our product in order to safeguard our market position. Our A-marked Alpha 2 circulation pump has trademark protection, design protection and now also colour protection. For an international company like Grundfos, which has activities and sales in most parts of the world, it is essential that our technology, trademarks and designs are protected in relevant markets."
"Armed with IPR protection we can document our exclusive right to our product and we have the legal clout to crack down on copiers and imitators who free ride on our reputation and quality – and now also on our colour," says Kristina Klimova.
More colour monopolies on the way
In product terms, a colour can be every bit as distinctive as the product name itself. A colour sends a signal and can call to mind an image in the same way as sound and scent - to which sole rights can also be acquired. For example, the company Hjem-is has the sole rights to the characteristic bell sound which each weekend brings Danes out onto the streets to buy its ice cream products.
"The trend is clear. Companies are seeking protection for their products through a variety of IPR means, and I believe we can expect to see even more colour monopolies in the future," says Kaj L. Henriksen, one of Denmark's foremost trademark experts with more than 40 years' experience.
Other colour marks
With its colour now protected in Denmark, Grundfos joins a select club of companies who 'own' a colour.
Among the colours granted trademark protection by The European trademark authority (OHIM) are: 3M's post-it yellow, UPS’ corporate brown, Milka's mauve and Deutsche Telekom's pink. In addition, Victorinox has acquired sole rights to the distinctive red used for its Swiss Army Knives.
Media comment
The registration of Denmark's first ever colour trademark aroused a good deal of media comment:
"Grundfos sees red in copy war": The economic journal Børsen, 20 January 2011
Legal Counsel Henrik Jespersen on developments relating to product imitations.
Read article - in Danish (pdf)
"Monopolise your colour": Huset Markedsføring, 16 February 2011:
Legal Counsel Kaj L. Henriksen on registration of colour trademarks.
Read article - in Danish (link)