Can a colour be registered as a trademark?
In today’s business world, trademarks play a crucial role in distinguishing the products and services of one company from another. However, can a colour be registered as a trademark? This is a question that raises much controversy and curiosity among entrepreneurs and lawyers.
Definition of a trademark
Before delving into the discussion of the possibility of trademarking a colour, it’s worth examining the definition of a trademark itself. According to the law, a trademark can take various forms, including words, logos, symbols, combinations of colours, or even sounds. A trademark serves to identify the products or services of a particular company and distinguish them from those of competitors.
Registering a colour as a trademark
Many people wonder if it’s possible to trademark a colour. The answer to this question is not straightforward and depends on several factors, including national and international legislation concerning trademarks.
In some jurisdictions, such as the United States and certain European countries, it is possible to trademark a colour, provided certain conditions are met. One of the main conditions is for the trademark owner to demonstrate that the colour in question has been used continuously and consistently in relation to specific products or services and that it has gained recognition among consumers as a symbol of the brand.
Examples of colour trademarks
Many well-known brands worldwide have registered colours as their trademarks. For example, the Tiffany & Co. brand has trademarked its distinctive blue colour, which is associated with the luxury jewellery of the brand. Similarly, the UPS brand has trademarked the brown colour, which is used on their vehicles and packaging.
In Poland, trademarks on colours are also protected. Can you recognise which brands these trademarks serve to label products for?
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| R.271601 | EUTM–000031336 | EUTM–003425311 | EUTM-000655019 |
| 38: mobile telecommunications services | 30: Chocolate, pralines, chocolate products | 7: Drill hammers for construction industry professionals | 16: Self-stick note |
| Owner: Orange | Owner: Kraft Foods | Owner: Hilti | Owner: 3M company |
Conclusions
In conclusion, the possibility of registering a colour as a trademark depends on various factors, including the applicable law in a given jurisdiction and the trademark owner’s ability to prove that the colour has gained recognition as a symbol of their brand. Although not an easy task, many companies worldwide have succeeded in trademarking colours as their trademarks.
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