Can you register a color as a trademark?

In short, yes, you can trademark a color. However, there are very specific circumstances under which a color can be registered. Court cases have indicated that color may not be protected as a trademark if it is “functional” – either utilitarian or aesthetic.

How much does it cost to trademark a color?

When trademarking a color, you have two sets of fees that you are responsible for. Registration fees and attorney fees. You should expect to pay the trademark office $275 for each class of goods that you want the color trademark to apply to.

Can a colour be copyrighted?

A colour trademark is a non-conventional trademark where one or more colours are used to perform the trademark function of identifying the commercial origin of a product. In recent times colours have been increasingly used as trademarks.

Are paint color names trademarked?

Since 1995 colors and color combinations can be trademarked as part of a product or service so long as they, like any other trademark: Serve a source identification function; and. Do not serve a purely decorative or utilitarian purpose.

Does someone own the color blue?

Companies can trademark colors, granting them exclusive use in their industry. For example, Mattel’s Barbie Pink (Pantone 219 C) is trademarked in over 100 categories. Tiffany & Co.’s blue color has been trademarked since 1998.

Can you own colors?

Well, actually, a lot else—sounds, shapes, symbols, and even colors can be trademarked. Trademarking a color simply allows a company to use a particular combination and shade of color in its own industry. Target can’t sue Coca-Cola for using a similar red, because they are not selling competing products.

Can someone patent a color?

Under Trademark law, color is inherently indistinct, but a combination of colors, with sufficient acquired meaning can gain distinctiveness and is capable of being registered as a trademark.

Is pink trademarked?

Victoria’s Secret launched Pink as a sub-brand of bras, panties, and sleepwear in 2004. The company had trademarked its logo, and not the word “Pink,” but Birss ruled that the Thomas Pink brand name had “acquired distinctiveness” in opposition to the “sexy, mass-market appeal” of Victoria’s Secret.

What can be trademarked?

A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law.

Is Barbie Pink trademarked?

Another protected shade of pink: Barbie Pink. It’s trademarked for use in more than 100 categories, from bubble bath to cereal. Mattel, Barbie’s parent company, sued MCA Records in 1997 when the song “Barbie Girl” by Aqua came out.

Is purple trademarked?

Background. In 1995, Cadbury filed a trade mark application for the colour purple. It was ultimately registered for the goods “chocolate in bar or tablet form” with the following description: Cadbury filed a later trade mark application in respect of the colour purple with the same description.