Color markings are markings that consist solely of one or more colors used on particular objects. For marks used in connection with goods or products, the color may cover the entire surface of the goods, or only a part of the goods, or all or part of the packaging of the goods.

Many companies have successfully obtained trademark protection for a single color or combination of colors for their particular products or services. Good examples include United Parcel Service’s registration for the color brown for transportation and delivery services. Tiffany has multiple registrations for a particular color of blue that is used on bags, boxes, catalog covers and the top face of the bra that is used as a container or in connection with fragrance products, tableware, jewelry, clothing, retail store services . and the other products and services offered by Tiffanys. 3M is registered for the color yellow for use on telephone maintenance instruments and POST-IT notes (they also carry the POST-IT mark). Owens Cornings has several registrations for the color pink that is used for duct tape, insulation, and other products used in the building and construction industry. And let’s not forget John Deere’s rights to green and yellow in association with their product line.

The first question when considering whether you have the right to protect color is whether you are actually using color as a trademark, to indicate the source of your products or services. The ability to register a color mark depends on the way the mark is used in commerce.

When color is used arbitrarily, it is generally perceived as an ornamental feature, or in other words, nothing more than an interior decoration, and not recordable. If, on the contrary, through use, the consumer public perceives the color mark to identify and distinguish the products in relation to which it is used and to indicate the source, they are entitled to protection. For example, while shopping you see a line of multi-colored lawnmowers, are there any doubts about the origin of the green and yellow ones?

Color can be a very attractive trademark and a valuable business asset. The selection of commercial brands and the planning of marketing campaigns and strategies are essential for any business. The explosion of social media, as well as changes in traditional advertising and marketing methods, have created opportunities to develop more unique and non-traditional approaches that can give companies a competitive advantage. Promoting non-traditional trademarks such as color or other unique font identifiers (such as sounds, scents, taste, product shapes, and movement brands online) can provide you with a more unique and novel method of engaging and engaging a larger audience. wide.