\u0022It can take years and years and millions and millions of dollars for brands to establish a colour as distinctive.\u0022
He said that can be difficult to prove, a process that involves submitting evidence such as sales figures to show how many goods or services have been associated with the colour, or advertising spends that promote the colour mark.
Another possible reason for Canadian companies’ hesitance is how long the process can take. Hood said that due to delays being experienced by the Canadian Intellectual Property Office, which is a special operating agency of Innovation, Science and Economic Development Canada, the current wait time from filing an application to examination is more than four years.Article content
In a statement, Bell said the trademark application for “Bell Blue” builds on registrations it already owns for its brands. “The importance of colour is that unlike things like the brand name, the ingredients list, colour actually goes quicker into our mind and it actually has an emotional effect on our reaction to the package and the brand,” she said.
McKay said that unlike in Canada, where most trademark applications go unopposed, colour wars have erupted in other judications where “companies have really tried hard to claim a monopoly on certain colours.”
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