Can You Trademark a Color?
Short answer? Yes—but it’s not easy.
If you’ve ever admired Tiffany’s signature blue boxes or recognized a UPS truck just by its brown paint, then you’ve already seen color trademarks in action. While it’s possible to trademark a color, the process is far more complex than filing for a name or logo. Still, for certain businesses, it can be a powerful brand asset—if done right.
What Does It Mean to Trademark a Color?
When we talk about trademarking a color, we’re not talking about owning a color universally. You can’t prevent others from using blue, red, or yellow in general. But you can protect a specific color used in a specific way that clearly identifies your brand.
To qualify, your color must be distinctive and have what’s called acquired distinctiveness or secondary meaning—a fancy way of saying consumers automatically associate that color with your company’s product or service.
What Makes a Color Trademark Eligible?
Before the U.S. Patent and Trademark Office (USPTO) will even consider registering a color trademark, several key requirements must be met:
- Secondary meaning: The color must be strongly linked to your brand in the minds of consumers.
- Non-functionality: The color can’t serve a practical purpose. For example, bright orange is used for safety gear—so it can’t be trademarked in that context.
- Consistent use: The color must appear regularly and prominently in your branding, packaging, or promotional materials.
In short, you can’t just pick a color and claim it. You have to earn it.
Color Trademark Examples That Work
Some of the most recognizable brands in the world have successfully registered color trademarks:
- Tiffany Blue® — The iconic robin’s egg blue used on its jewelry boxes.
- UPS Brown® — A specific shade of brown used consistently on delivery trucks and uniforms.
- Owens-Corning Pink® — The very first color trademark, which Owens had to appeal to the U.S. Court of Appeals to obtain.
These color trademark examples show that it is possible—but it takes time, strategy, and a lot of brand recognition.
Can I Trademark a Color for My Business?
It depends. If you’re asking “can I trademark a color?” for a new or emerging business, the answer is likely: not yet. Building the required distinctiveness takes years of consistent branding and consumer exposure.
However, if your color use is already a big part of your brand identity—and your customers recognize it—you may be in a good position to explore this option. Just know that it’s not a quick win. You’ll need documentation, proof, and often a strong history of marketing efforts to support your claim.
How to Trademark a Color
If you’re serious about securing a color trademark, it’s important to know that this process involves more than just picking a favorite shade and filing a form. Color trademarks face extra scrutiny from the USPTO, and success depends on careful planning, documentation, and legal precision.
1. Conduct a Comprehensive Trademark Search
Before anything else, you’ll need to make sure your color isn’t already associated with a similar product or service. A thorough search should include:
- Federal trademarks in the USPTO database
- State trademarks
- Common law uses (unregistered trademarks that may still have rights)
- Color-specific designations in your industry
Because color trademarks are rare and nuanced, this step should be conducted by a trademark research expert or legal professional who can interpret both visual and legal similarities.
2. Compile Strong Evidence of Secondary Meaning
To register a color mark, you must prove that the color has become uniquely linked to your brand in the minds of consumers. This is known as acquired distinctiveness or secondary meaning.
Helpful evidence includes:
- Consumer surveys showing customers associate the color with your company
- Length and consistency of use—usually five years or more
- Media mentions and press coverage highlighting your use of the color
- Sales and advertising data that show widespread exposure of the color in connection with your brand
The more compelling your proof, the stronger your case will be.
3. File Your Application with the USPTO
Once your evidence is in order, you can file your trademark application through the U.S. Patent and Trademark Office (USPTO).
Key tips:
- Be precise in describing the color (use Pantone codes if possible).
- Include a clear drawing or visual depiction of how the color is used on your goods or services.
- File under the correct International Class based on the nature of your business.
- Clearly explain how the color functions as a source identifier, not just decoration.
Understanding how to trademark a color is just the beginning. Successfully registering a color trademark takes time, attention to detail, and a deep understanding of trademark law and branding strategy. Working with experienced professionals can help you avoid costly missteps—and improve your odds of approval.
Why Research and Legal Guidance Matter
Color trademarks are some of the most complex to register—and the most likely to be challenged. Without professional guidance and thorough research, your application could be delayed, refused, or even opposed by another company.
That’s why it’s essential to start with comprehensive trademark research to assess your chances before you invest time and money.
Final Thought: Is It Worth It?
For most small businesses, a color trademark isn’t the first step in brand protection. But for established companies with a strong visual identity, it can add powerful legal and branding value.
Need help clearing or protecting a color trademark? TradeMark Express can help you assess risk before you file.