Did you know that you can register an entire color as a trademark?

Corporate law
Semenenko Eugene
20.07.2021
Law Services - Did you know that you can register an entire color as a trademark?

 

  Didn’t you know that?
Yes, you can get the exclusive right to use a certain color on certain goods or services in the course of your business
Color as a trademark allows a company to use a certain combination and shade of color in its industry
.

    For example, the American chain of stores Target can not sue Coca-Cola for using such a red color, because it does not sell competing products🤷🏻‍♂️
Registering a color is not easy, because you need to show that as a result of long and widespread use of color for your products and services, the perception of this color by consumers has changed.

   However, it is possible to register it under the following conditions:
🎯the registered color is not typical for a certain type of product, packaging;
🎯color is used by the company as a distinguishing feature in the market and formed in the minds of consumers;
🎯prolonged use of color in advertising;
🎯narrowing the requirements for legal protection of color in relation to a particular product or service. 

    So, if you want to register a color, you have to prove that customers recognize your company when they see a certain color in connection with the product..

📌For example, Christian Louboutin received a red registration, which the company uses for shoes only 26 years after the start of production.
By the way, this happened after Louboutin sued the Dutch retail chain for selling his version of stilettos on red sole. The case was considered for 6 years
.

📌The most famous example of a color registered as TM is the color “Tiffany Blue”, which is owned by Tiffany & Co. This color is used for all goods and services of the company, from shopping bags and boxes for jewelry to advertising the company.

📌Another well-known color is “Caterpillar Yellow”. The brand with this color is owned by the corporation for the production of the world’s largest special equipment CaterpillarPillar Inc. The company strictly forbids anyone to use their yellow without permission.

  And what color would you register as a СM?