What is a Colour Trademark?

Last Updated on June 7, 2024 by Kanakkupillai

A color logo is a unique visual character that a company uses to separate its business from others. It is a specific color used regularly across different media to represent the brand. This visual feature helps create brand recognition and can be recognized as a logo, making it a valuable tool for the company.

The Concept of Colour Trademarks

Non-conventional brands include signs that do not fit the usual meaning of a brand, such as colors, sounds, smells, and textures. Color trademarks are a type of non-conventional logo where at least one color is used to individually identify a brand. Colors can be used to create a unique visual style for a brand, making it easier for customers to recognize and separate it from others. For example, Owens Corning’s pink insulation and Tiffany & Co.’s blue packages are well-known colour names that have been filed and are protected by law.

Why Use a Colour Trademark?

A color symbol is a unique visual character that improves company recognition and makes a long impact on customers. It helps separate a company from others and can be recognized as a trademark, giving legal security against illegal use. By gaining exclusive rights to a specific colour, a company can prevent rivals from using the same colour, ensuring brand identity and avoiding buyer misunderstanding.

Legal Recognition of Colour Trademarks

Protecting colour rights can be difficult due to the natural indistinctiveness of colors. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) controls brand filing and protection. Under TRIPS, a trademark must be capable of performing its basic functions, but it is not necessary for a brand to be physical, visually visible, or artistically representable. In India, the Trade Marks Act of 1999 protects trademark rights, but the registration of non-conventional trademarks, including color marks, needs proof of uniqueness and artistic representation. The burden is on the application to show gained uniqueness through ongoing usage or extra meaning.

Colour Trademarks Around the World

Different countries have different methods to recognizing and protecting color brands. In the United States, the Supreme Court has confirmed that trademark rights are national, and the USPTO has accepted single-color marks like UPS’s “Pullman” brown and Tiffany & Co.’s robin’s egg blue. In India, the Trade Marks Act of 1999 protects colour logos, and companies like Cadbury and Ferrero Rocher have successfully claimed their distinctive colours.

Registering a Colour Trademark

To file a colour trademark, the application must follow a thorough process:

1. Distinctiveness: The chosen color must be unique, setting the name apart from rivals.
2. Account: Provide a clear account of the colour or mixture, acting as a guide for the reviewer.
3. Graphic Representation: Colours need graphical representation, be it through Pantone numbers or thorough written accounts.
4. Use in Commerce: Demonstrate the actual use of the colour in commerce through packages, displays, or marketing materials.
5. Uniqueness by Use: In cases of non-inherent uniqueness, highlight the colour’s connection with the brand through wide market use.

The conditions for color logo registration include:

• Distinctiveness: The color must be capable of distinguishing the goods or services of one entity from those of other entities.
• Graphic Representation: Colours need graphical representation to be considered for register.
• Use in Commerce: The color must be used in commerce to show its link with the brand.
• Distinctiveness by Use: The colour must have gained distinctiveness through continuous, bona fide usage in trade or secondary meaning.

The Importance of Distinctiveness

Distinctiveness is important for a colour brand to be qualified for trademark registration. The chosen color must be capable of distinguishing the goods or services of one business from those of other entities. Distinctiveness is measured by studying the colour’s link with the brand through market use and public memory. The colour must have gained identity through continuous, bona fide usage in trade or secondary meaning. This ensures that the color is not common or informative and can be protected as a unique visual identity.

Key Points to Consider

When filing a colour brand, consider the following key points:

• Distinctiveness: Ensure the color is distinct and not already in use by another company in the same business.
• Consistent Usage: Use the color regularly across all platforms, including packages, marketing materials, and internet channels, to keep brand recall.
• Pictorial picture: Provide a clear pictorial picture of the colour, such as Pantone codes or thorough details, to meet the registration standards.
• Acquired Distinctiveness: If the color is not naturally distinctive, show that it has acquired distinctiveness through wide market use and buyer recognition.
• Functionality: Ensure the colour is not functional for the goods or services, as functional colours cannot be registered as brands.

Conclusion

Colour trademarks are a valuable tool for companies, improving brand recall and making a long impact on customers. By registering a unique color, companies can identify themselves and protect their brand identity. Consideration of color in brand strategy is crucial, as it can greatly impact brand awareness and customer trust.