Using color as a trademark

Colors may be trademarked although there are of course limitations. Generally, combinations of different colors that are arbitrary in design are allowed. More issues arise when only a single color is being trademarked. Originally single color marks were not allowed, however this was changed. Single color trademarks can be allowed if the color is not related to the functionality of the goods, this functionality can be utilitarian or aesthetic, and has a secondary meaning. Whether you are looking to trademark a combination of colors or a single color it is important to note the colors cannot be merely ornamental or only define a common shape. The colors will be considered generic, and thus unable to register, if they are part of the good’s function or are used to identify a specific type of product. Colors can help set your brand and products apart from your competitors.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.