Frequently Asked Questions

You can trademark a color, but the mark needs to adhere to particular requirements. It must be distinctive, not functional, and closely related to your brand. Such is the case with Tiffany's Robin's Egg Blue or UPS Brown; these colors are identified with their respective brands and don’t carry a general connotation within their industries.

So, let's go into details:

To trademark a color, you have to prove that the color identifies your brand and doesn’t have a functional use. For instance, the red of Coca-Cola is linked to its cans, but green for grass-related products wouldn’t qualify because it’s generic in that aspect.

The color should, in due course, acquire what is referred to as "secondary meaning," where consumers instantly associate the color with your brand.

A color can be used in commerce in many ways: product packaging, logos, marketing materials, uniforms, or even storefronts. It’s enough that the color be consistently and prominently used to help build the recognition necessary to make it eligible for trademark protection.

However, the process is cumbersome and requires evidence such as sales data, marketing materials, and customer surveys to prove that the color is uniquely associated with your business.

 Trademark laws can also vary between countries, so navigating these requirements carefully is essential.

Trademarkia specializes in protecting unique brand elements, which include colors. Let our experienced attorneys guide you through the process to secure exclusive rights for your brand.