Trademark registration: Color Me Protected!

Color marks are marks consisting solely of one or more colors used on particular objects. In the case of marks used in connection with goods or products, the color may cover the entire surface of the goods, or only a part of the goods, or all or part of the packaging of the goods.

Many companies have successfully obtained trademark protection for a single color or combination of colors for their particular products or services. Good examples include United Parcel Service’s registration for the color brown for transportation and delivery services. Tiffany holds multiple registrations for a particular color of blue used on bags, boxes, catalog covers, and bra tops used as a container or in connection with fragrance products, tableware, jewelry, apparel, services, etc. Retail stores. , and the other products and services offered by Tiffanys. 3M has a registration for the color yellow for use in telephone maintenance tools and POST-IT notes (they also carry the POST-IT mark). Owens Cornings holds a number of registrations for the color pink used with duct tape, insulation, and other products used in the building and construction industry. And let’s not forget John Deere’s rights to the colors green and yellow in association with their product line.

The first question when considering whether you have a right to protect color is whether you are actually using the color as a trademark, to indicate the origin of your goods or services. The registrability of a color mark depends on how the mark is used in commerce.

When color is used arbitrarily, it is often perceived as an ornamental element, or in other words, nothing more than interior decoration, and not registrable. If, on the other hand, through use, the color mark is perceived by the consuming public to identify and distinguish the goods in connection with which it is used and to indicate the origin, it is entitled to protection. For example, while shopping you see a line of lawn mowers in various colors, is there any question as to where the greens and yellows come from?

Color can be a very compelling trademark and a valuable business asset. The selection of commercial brands and the planning of marketing strategies and campaigns is essential for any business. The explosion of social media, as well as changes in traditional advertising and marketing methods, have created an opportunity to develop more unique and non-traditional approaches that can give businesses a competitive advantage. Promoting non-traditional trademarks such as color or other unique source identifiers (such as sounds, scents, flavors, product shapes, and movement marks online) can give you a fresher, more unique method of attracting a larger audience. .

Leave a Reply

Your email address will not be published. Required fields are marked *