Registering colours as trademarks

The use of one or more colours can play a big part in your company’s identity, influencing how people view you and your products/services.

A colour trademark can be put in place to protect the use of your colour in a particular market sector.

If the colours you use distinctively identify the commercial source of your products or services, you may be wondering if and how you can register them as trademarks.

What colours are trademarked?

Some famous trademarked colours that you might have heard of include:

  • Tiffany Blue
  • Cadbury Purple
  • Barbie Pink
  • Coca-Cola Red.

Following a High Court ruling in July of this year, Cadbury was allowed to register its renowned purple colour as a trademark. The company had been trying to do so for several years.

The decision showcased brands’ capability of registering a colour as a trademark, as it is now recognised as a mandatory ‘sign’ by the UK Trade Marks Act.

What should you know?

In the past, it has been difficult to register colours as trademarks, but since then, the legal definition has expanded.

If you do choose to pursue protection for a colour associated with your brand, you must provide evidence that the colour or colour combination is associated with your goods/services.

Although the rules surrounding the protection of colours can be strict, there is much more potential for your registration to be successful than before.

Looking for Intellectual Property advice? Contact us today.