Registration of color as a trademark

Examples of successful color trademark registrations

To help consumers better distinguish their products, well-known companies strive to protect the colors used in their branding. For instance, in 2003, the German company Ferrero registered the color red as a trademark for its liqueur-filled cherry pralines. In 2004, they registered brown for products such as chocolate, chocolate products, baked goods, long-lasting baked goods, and confectionery. The jewelry brand Tiffany registered the color turquoise in 2011, extensively used in their packaging designs. In the United Kingdom, black was registered as a trademark for vodka in 2004.

In Ukraine, there are also successful examples of color registration. The company “UDK,” which manufactures aerated concrete blocks, applied to register its brand in yellow. The intellectual property office denied the initial application due to a lack of distinctive capability, absence of distinctive graphic execution, and limited spatial usage. However, the company proved that it had used the color long enough to create a strong association in consumers’ minds.

Features of registering color as a trademark

An applicant wishing to register a color or color combination as a trademark must prove that customers associate their business with the specific color seen in connection with the product. The intellectual property office may require evidence such as consumer surveys, advertising campaigns, advertising expenses, and sales volumes of a particular product. If protection for an entire product class is sought, evidence of associations for each product type must be presented.

To register a trademark in color, several requirements must be met:

• The color has been used in advertising for a long time.
• The registered color is uncharacteristic for the specific type of product or packaging.
• The color as a trademark is registered concerning particular goods or services.
• The company uses color as a distinguishing feature in the market that consumers recognize.

When applying the form of color, a sufficient number of images consisting of the color sample or color combinations must be included. The application should provide a verbal description of the color with a clearly stated name or color combinations. Along with the color name, its code in an internationally recognized color identification system, such as the Pantone Matching System, RAL, or Focoltone, can be specified. The application can also include a description of how the color or color combinations are used during the offering of goods for sale (providing services) and provide examples of how the color or color combinations denote the goods or services. An additional fee is charged for applying with a color image.

Conclusion

Color effectively helps distinguish the activities of different entrepreneurs, but registering a brand represented solely by color can be challenging. There are specific conditions for such registration: it must be used extensively in advertising, and protection can only be obtained for particular goods or services, not for all, as is possible when registering a word or logo. Companies that have been in the market for decades may register a brand in the form of a color, though not always on the first attempt. Since a brand is a complex concept, the Barbashyn Law Firm team is pleased to analyze the chances of registration and will help protect your brand.