The Court of Appeal of the Republic of Lithuania adopted a decision in the biggest flee market/second-hand shop in the Baltic States „HUMANA PEOPLE TO PEOPLE BALTIC“ case regarding registration of a two coloured trademark.
HUMANA submitted the application for a trademark consisted of two colours: yellow and light blue. However, the Court of Appeal concluded that HUMANA did not proved long termed and permanent usage of those exact two colours in the market. Moreover, the research of public opinion which stated that 31.4 percent of respondents indicates HUMANA as the owner, was deemed as inaccurate and not sufficient to constitute a distinctive character of the yellow and light blue trademark. In addition, the main reason resulted these two colours cannot be registered as a trademark is because society does not connect yellow and light blue colours with HUMANA.
Nevertheless, taking into a consideration the judicial practice, it should be stated that it is still possible to register a two coloured trademark, however it is necessary to prove that society distinguishes trademark and connects it to the owner.