Can I trademark the Color applied to my Goods

//Can I trademark the Color applied to my Goods

Can I trademark the Color applied to my Goods

Can I Trademark a Color applied to my Goods?

For example John Deere has trademarked the distinct shade of Green for their farm equipment line and Coke has trademarked the distinct shade of Red for its cola products. These colors are a crucial branding or product identifier for these companies and companies trademark the distinct color or color combinations to identify their products in the market place.

First, to qualify as a trademark, the color scheme can have no functional purpose.

Second, Applicant would have to show that the consuming public recognizes the color scheme as a source-identifier, i.e., that it has achieved secondary meaning.

If yes that you may be able to pursue color as a brand identifier.

 

According to the Patent & Trademark Office:

Color marks are marks that consist solely of one or more colors used on particular objects. For marks used in connection with goods, color may be used on the entire surface of the goods, on a portion of the goods, or on all or part of the packaging for the goods. For example, a color trademark might consist of purple used on a salad bowl, pink used on the handle of a shovel, or a blue background and a pink circle used on all or part of a product package. See Qualitex Co. v. Jacobson Prods. Co., 514 U.S. 159, 34 USPQ2d 1161 (1995) (green-gold used on dry cleaning press pads held to be a protectible trademark where the color had acquired secondary meaning); In re Owens-Corning Fiberglas Corp., 774 F.2d 1116, 227 USPQ 417 (Fed. Cir. 1985) (the color pink as applied to fibrous glass residential insulation registrable where the evidence showed the color had acquired secondary meaning). Similarly, service marks may consist of color used on all or part of materials used in the advertising and rendering of the services.

The registrability of a color mark depends on the manner in which the proposed mark is used. Owens-Corning, 774 F.2d at 1120, 227 USPQ at 419. A color(s) takes on the characteristics of the object or surface to which it is applied, and the commercial impression of a color will change accordingly. See In re Thrifty, Inc., 274 F.3d 1349, 1353, 61 USPQ2d 1121, 1124 (Fed. Cir. 2001) (“a word mark retains its same appearance when used on different objects, but color is not immediately distinguishable as a service mark when used in similar circumstances”).

Color marks are never inherently distinctive, and cannot be registered on the Principal Register without a showing of acquired distinctiveness under §2(f) of the Trademark Act, 15 U.S.C.  §1052(f). Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205, 211-12, 54 USPQ2d 1065, 1068 (2000). See TMEP §1202.05(a) and cases cited therein.

Please contact a US trademark attorney at Grell & Watson 678-373-4747

We would be happy to discuss your potential trademark application and answer any trademark questions.  We can trademark your product or service in all 50 states.

In conclusion

First, to qualify as a trademark, the color scheme can have no functional purpose.

Second, Applicant would have to show that the consuming public recognizes the color scheme as a source-identifier, i.e., that it has achieved secondary meaning.

If yes that you may be able to pursue color as a brand identifier.

2019-07-01T20:02:34+00:00