People are sometimes surprised to learn that a color can serve as a trademark. The Lanham Act — United States trademark law — says that any “device” that distinguishes a company’s goods or services can serve as a trademark. So yes, a color can serve as a trademark.
Designer Christian Louboutin has a registered trademark for the iconic red color of the soles of his line of footwear. This means that his company has a legal monopoly on this color for shoe soles, and that no one else may manufacture or sell shoes that have this distinctive red color. The color has no advantage except that it is very distinctive for his goods — designer shoes — and in some cases may be considered a disadvantage, depending on the color of the shoe upper. But it’s what the company is known for, and anyone who sees that distinctive color on the shoe sole knows that the shoes come from his company — the red company serves as a very distinctive source identifier. Thus, it’s a perfect trademark: It’s distinctive, and non-functional.
While color can serve as a trademark, there is one limitation: The color has to serve a non-functional purpose as to the goods. This means that you wouldn’t be able to get a trademark registration for the color yellow for earthmoving equipment, because the yellow serves a function — it’s highly visible in construction sites, and there are only so many highly-visible colors out there. So we don’t want to give one company a monopoly on that functional color. So while earthmoving machine manufacturer Caterpillar may be well-known for their line of bright yellow earthmoving equipment, that color may not be registered as a trademark because it also serves a functional purpose — it makes the equipment more visible, and therefore provides a safety advantage, which is highly desirable for that market.
Here, however, the red sole serves no function at all; it doesn’t make the shoes sturdier, or safer, or easier to clean. While it does serve to make the shoes more visible, in this case, that visibility serves no functional purpose in relation to the goods. Shoes are not necessarily more desirable merely because they are more visible. While some people might like that the red sole is more visible — mostly for status purposes — some consumers will be put off by the red sole, and thus seek more quiet branding.
There are many other examples of the use of color as a trademark. One of the most famous color trademarks is the blue color trademark — officially Pantone 1837 — that is registered by Tiffany and Company. Tiffany’s robin’s-egg-blue trademark is iconic, and is registered for goods that span a range from handbags to jewelry to restaurant services. The brand color is used on Tiffany’s packaging, online website, physical store displays, packaging, china and housewares, jewelry, writing instruments; in short, nearly every product Tiffany produces either carries the mark on the product itself, or is displayed and sold using Tiffany’s trademark color. It’s a perfect example of how to use color as a trademark.
There are other examples of color as a trademark as well — see my video about the BIG GREEN EGG trademark for green for barbecues.
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Contact Dallas, Texas trademark attorney Angela Langlotz today to get started on a trademark application for your valuable brand.