In order to protect your brand from being copied, you should register your Colour trademark. Learn what a colour trademark is and why you should consider registering one.

A brand’s colour is distinct from a colour trademark. Even if a TM or ® symbol appears on a brand’s image, it does not imply that the colour or colours are protected by law. The TM and ® marks on McDonald’s and Starbucks indicate that the company owns the image, the symbol or word or combination of both.

According to the 2017 Trademark Rules, the new regime is established by including provisions for colour marks in the new rules. A colour mark is a non-traditional trademark that uses a single or combination of colours to identify the goods or services provided by a company.

What Is a Colour Trademark?

A colour trademark  is a non-conventional trademark in which the trade mark function of uniquely identifying the commercial origin of goods or services is performed by at least one colour.  

A colour trademark functions as a symbol or logo employed by a company to signify its brand, also referred to as a corporate identity emblem. It essentially equates the brand with a specific colour. These trademarks safeguard the utilisation of colour within a particular market segment. The usage of colours as trademarks in the marketplace has grown in recent years.

 For instance, when seeing chocolate candy wrapped in purple, one immediately thinks of Cadbury. Similarly, a turquoise jewellery box is unmistakably linked to Tiffany & Co., and pink is synonymous with Vanish. Through strategic marketing, these companies have successfully used colour trademark to distinguish their products from competitors. 

What Are the Characteristics of a Colour Trademark?

• According to The Trade Marks Act of 1999, a ‘mark’ is defined as a device, brand, heading, label, ticket, name, signature, word, letter, numeral, the shape of goods, packaging, or any combination of colours
• The law allows you to register trademark for a single colour or a combination of colours
• Suppose the applicant decides to seek trademark protection for a specific colour. In that case, he will be required to provide evidence that the claimed colour combination or colour is solely associated with the applicant or exclusively designates their goods
• As a result, it will be beneficial if the applicant can demonstrate that the specific colour is associated with the applicant and/or his goods and/or services

Why Trademark Colors Matter

Colors have the power to influence how people see a product. A hue might be metaphorically or figuratively connected to things to elicit particular psychological responses. For instance, while green is frequently used for healthy or organic options, blue can be utilised for frozen, chilly food. It’s possible to argue that some colour combinations or aesthetic qualities work well together. Since green and yellow are closely linked, they seem to work well together. Colors that are vivid and catchy might have certain visual impacts. Some hues instantly catch the eye of the viewer. Some can improve the readability of text.

To make some products stand out from the competition, specific colours are used. These goods can range from industrial machinery to consumer goods. These hues are sometimes employed to distinguish packaging; for instance, Kodak puts its film in a black and yellow box, while Fuji does so in a green box. Products can also have recognisable packaging styles. For example, packaging with the colours blue, orange, and yellow is common for laundry detergents. Even though the colours may be the same, the package and label may be quite different. Similar colours, label layouts, and packaging shapes can occasionally cause confusion in consumers. If the package is too identical, a consumer could become perplexed and unintentionally buy the incorrect product. 

Can You Claim a Trademark Color?

In a nutshell, yes, you can register a colour. A colour can only be registered under extremely precise circumstances, though. According to legal precedent, a colour that is “functional” – either utilitarian or aesthetic – may not be protected as a trademark. A colour falls under the utilitarian category if it is necessary for the product’s use, quality, or price. If a color’s exclusive use significantly disadvantages a rival, it is atheistically functional. The following list of elements helps assess a color’s usefulness:

• Whether the design (or colour) offers a practical benefit; 
• Whether other designs (or colours) are available; 
• Whether advertising highlights the design’s (or colour’s) practical benefits; and
• whether a very easy or affordable manufacturing process led to the specific design (or colour).

It’s important to note that the U.S. Supreme Court stated that colour can “sometimes” be protected by a trademark, but only “when that colour has attained secondary meaning’ and therefore identifies and distinguishes a particular brand (and thus indicates its source).

Can You Claim the Name of a Colour Trademark?

Sometimes. UPS has “Brown” on file as a trademark. Nevertheless, certain applications experience issues. In order to use the word “orange” on clothing associated with its athletics department, Syracuse University applied for a trademark of the term in 2006. The athletic teams of the institution are referred to as “Orange.” The trademark application has received official opposition from the University of Tennessee, Boise State University, The University of the Pacific, Oklahoma State University, Clemson University, The University of Florida, and Auburn University. According to reports, the colleges are 

Single Colour Trademark

A single-colour trademark is a distinctive symbol or logo comprised of only one colour, serving as a unique identifier for a particular brand or product. This type of trademark can be powerful in creating brand recognition and is often associated with specific qualities or attributes of the product or service. Establishing a single-colour trademark requires meeting legal criteria, demonstrating the colour’s distinctiveness, and showcasing its consistent use in connection with the brand. Examples include the iconic brown colour of the UPS delivery trucks or the distinctive red sole of Christian Louboutin shoes.

Combination of Colour Trademark

A combination of colours trade mark refers to a distinctive symbol or logo that incorporates multiple colours, serving as a unique identifier for a brand or product. This type of trademark can be a powerful tool for brand recognition and differentiation in the market. The combination of colours should be distinctive and associated with the goods or services provided by the brand. To register such a trademark, a company needs to demonstrate that the colour combination is not generic, is associated with its brand, and has acquired distinctiveness in the eyes of consumers. Famous examples include the vibrant red and white colour combination of Coca-Cola or the blue and yellow combination of IKEA.

What Kinds of Trademark Colors Are There?

Some popular examples of colour trademark include:

1. Green-gold, Qualitex
2. Tiffany Blue
3. Target Red
4. Cadbury Purple
5. Barbie Pink
6. Home Depot Orange
7. T-Mobile Magenta
8. Wiffle-Ball Yellow
9. UPS Brown
10. Coca-Cola Red
11. Christian Louboutin Red Soles
12. Pepto-Bismol Pink

Why Choose the Combination of Colours to Register As a Trademark Instead of a Single Colour?

• Single colours or combinations of colours have been allowed to register as trademarks in India since the introduction of Trademark Rules in 1999. However, the applicant should keep in mind that registering a single colour is extremely difficult
• Due to a lack of distinctiveness, it is difficult to register a single colour. The applicant will be required to provide proof of the colour’s connection to the product/service. In the case of a colour combination, the applicant must state its distinctiveness at the time of filing.

Conclusion

A colour trademark can be a powerful tool for distinguishing your brand in the marketplace. By registering a specific colour or colour combination as a trademark, you gain legal protection and enhance brand recognition. Ensure your colour trademark meets the criteria of distinctiveness and secondary meaning to successfully navigate the registration process. For personalised assistance and expert advice on registering a colour trade mark choose Vakilsearch. We offer  tailored services to help you protect your brand and achieve long-term business success.

FAQs on Colour Trademark

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• Register a Brand in India