# Can you trademark a color? **URL:** \ **Category:** Factual Questions\ **Created:** [September 23, 2016, 7:32pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665 "2016-09-23T19:32:32Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [September 23, 2016, 7:32pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/1 "2016-09-23T19:32:32Z")
As a specific example, the boxes that Tiffany wraps it goods in is very distinctive, but the thing that make them distinctive is that blue color. Could they make an argument that anybody else using boxes of that color would be attempting to create brand confusion, and be able to trademark it? For all I know, maybe they already have. Other examples might be universities trademarking their school colors (like the famous Michigan maize and blue) to require licensing of goods, even if the product doesn’t use the school’s block M logo. ---
**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\ **Post date:** [September 23, 2016, 7:45pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/2 "2016-09-23T19:45:00Z")
Years ago I worked for a consulting firm for whom the giant manufacturer 3M was a client. We were told that their ubiquitous 3M [logo](http://solutions.3m.com/3MContentRetrievalAPI/BlobServlet?lmd=1332510879000&locale=en_US&assetType=MMM_Image&assetId=1114312899861&blobAttribute=ImageFile) was a trademarked shade of red called “3M Red.” I can find references to 3M Red but no confirmation that it is legally trademarked. From the 3M website: “3M Red is a bold, dynamic color that makes our logo recognizable and memorable. Thanks to the billions of impressions created through our communications, the 3M logo is recognized in every corner of the world. Always use a 3M Red logo on a white background when designing 3M communications to ensure maximum impact. Use the chart below to determine the correct color formula for your needs, and always match to our L_a_b\* standard or a 3M Red swatch.” ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [September 23, 2016, 7:48pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/3 "2016-09-23T19:48:30Z")
It’s complicated, but there are ways of using trademarks with colors. > **[Color Branding & Trademark Rights](https://www.colormatters.com/color-and-marketing/color-branding-legal-rights)** > > The color of a brand is different from a color trademark. About legal rights to colors. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [September 23, 2016, 7:57pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/4 "2016-09-23T19:57:00Z")
Indeed, Tiffany & Co. does claim “robin’s egg blue” as a trademark when used on jewelry boxes and shopping bags. John Deere claims green as a trademark when used on machinery. Owens Corning claims pink as a trademark when used as a color of fiberglass insulation Christian Louboutin claims red as a trademark when used for the sole of a women’s shoe It’s not extremely common but it can happen. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [September 23, 2016, 8:01pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/5 "2016-09-23T20:01:54Z")
UPS claims their shade of brown as well, when used on delivery trucks. Trademarks are always restricted by industry - the idea is you don’t want another parcel-delivery company using brown trucks and uniforms. You don’t care if a septic-tank maintenance company also uses brown. So you can trademark a color for use in a certain way within a certain industry. You can’t claim total ownership of a given color, however. ---
**Author:** ![penultima\_thule](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/penultima_thule/32/3833_2.png) [@penultima\_thule](https://boards.straightdope.com/u/penultima_thule)\ **Post date:** [September 23, 2016, 9:41pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/6 "2016-09-23T21:41:42Z")
Cadbury sought for trademark protection for a particular shade of purple (Pantone 2685C) in 2004, it was allowed as a trademark in 2008 but not registered as Nestle opposed the application. The coverage of protection has been progressively reduced. [Cadbury in purple haze as Nestlé wins appeal](http://www.confectionerynews.com/Manufacturers/Cadbury-in-purple-haze-as-Nestle-wins-appeal) > [@](#): > > By Oliver Nieburg+, 04-Oct-2013 > Nestlé’s appeal against Cadbury’s trademark for a particular shade of the color purple has been accepted by the UK Court of Appeal this morning. ---
**Author:** ![chacoguy](https://avatars.discourse-cdn.com/v4/letter/c/50afbb/32.png) [@chacoguy](https://boards.straightdope.com/u/chacoguy)\ **Post date:** [September 23, 2016, 10:07pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/7 "2016-09-23T22:07:19Z")
> [@friedo](#): > > UPS claims their shade of brown as well, when used on delivery trucks. Odd, because that particular shade is known as ‘[Pullman Brown](https://www.google.com/search?q=pullman+brown&safe=off&rlz=1C1CHBF_enUS702US702&espv=2&biw=1821&bih=850&tbm=isch&imgil=_SNnpXp1svNTAM%253A%253BXJjX6m0lAMvnnM%253Bhttps%25253A%25252F%25252Fferrebeekeeper.wordpress.com%25252F2015%25252F02%25252F12%25252Fpullman-brown%25252F&source=iu&pf=m&fir=_SNnpXp1svNTAM%253A%252CXJjX6m0lAMvnnM%252C_&usg=__Rh59K-LiuxNPIe7m_6UFIxUwABc%3D&dpr=0.75&ved=0ahUKEwiw1vbav6bPAhXH34MKHbVuC4QQyjcIQA&ei=QaflV_CxGMe_jwS13a2gCA#imgrc=_SNnpXp1svNTAM%3A)’ ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [September 23, 2016, 10:37pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/8 "2016-09-23T22:37:45Z")
> [@chacoguy](#): > > Odd, because that particular shade is known as ‘[Pullman Brown](https://www.google.com/search?q=pullman+brown&safe=off&rlz=1C1CHBF_enUS702US702&espv=2&biw=1821&bih=850&tbm=isch&imgil=_SNnpXp1svNTAM%253A%253BXJjX6m0lAMvnnM%253Bhttps%25253A%25252F%25252Fferrebeekeeper.wordpress.com%25252F2015%25252F02%25252F12%25252Fpullman-brown%25252F&source=iu&pf=m&fir=_SNnpXp1svNTAM%253A%252CXJjX6m0lAMvnnM%252C_&usg=__Rh59K-LiuxNPIe7m_6UFIxUwABc%3D&dpr=0.75&ved=0ahUKEwiw1vbav6bPAhXH34MKHbVuC4QQyjcIQA&ei=QaflV_CxGMe_jwS13a2gCA#imgrc=_SNnpXp1svNTAM%3A)’ Pullman isn’t in the business of package delivery. Actually they’re not in the business of anything anymore. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [September 24, 2016, 12:14am UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/9 "2016-09-24T00:14:35Z")
MGM trademarked the shade of green used on the WWotE’s makeup ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [September 24, 2016, 1:04am UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/10 "2016-09-24T01:04:21Z")
Stihl orange is another trademarked color. ---
**Author:** ![urban1a](https://avatars.discourse-cdn.com/v4/letter/u/e47c2d/32.png) [@urban1a](https://boards.straightdope.com/u/urban1a)\ **Post date:** [September 24, 2016, 1:22am UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/11 "2016-09-24T01:22:46Z")
I am pretty sure the T-Mobile has some sort of hold on their color (Magenta). I did work for an insurance company many years ago designing forms and other documents for the company. I don’t remember what the color was, but I tried to use one I thought more appropriate and was informed that the original color was the official company color. I don’t remember whether it was trademarked or not. Bob ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [September 24, 2016, 5:50am UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/12 "2016-09-24T05:50:18Z")
I don’t believe you can trademark a color. A color is something too generic to be trademarked. Or rather, you can get a trademark for it, but it’s unlikely to stand up in court. When it’s been challenged (like the Cadbury-Nestle purple that penultima thule mentioned) the trademark was overturned. The standard is that if a design is similar enough to create confusion in a consumer as to brand identity, it’s a copyright infringement. Color could certainly be part of that. But it generally involves more. For example, something in the distinctive Coca-Cola lettering style, in the characteristic red color, and used on an edible product, particularly a beverage would be very likely to be found as violating their trademark. A violation usually has to involve more than one of the ‘characteristic’ traits of the copyright. And a major part of this is about protecting consumers; to prevent them being confused by knock-off products. So being in different industries is critical. The Owens Corning trademark pink on fiberglass insulation is nearly the same color as the Mary Kay cosmetics pink, but it’s not infringing because they are such different products that a consumer shouldn’t be confused. ---
**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\ **Post date:** [September 24, 2016, 8:48am UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/13 "2016-09-24T08:48:38Z")
> [@t-bonham@scc.net](#): > > The standard is that if a design is similar enough to create confusion in a consumer as to brand identity, it’s a copyright infringement. You’re confusing trademarks and copyright here. They are not the same thing. ---
**Author:** ![Girl\_From\_Mars](https://avatars.discourse-cdn.com/v4/letter/g/3da27b/32.png) [@Girl\_From\_Mars](https://boards.straightdope.com/u/Girl_From_Mars)\ **Post date:** [September 24, 2016, 10:21am UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/14 "2016-09-24T10:21:45Z")
One of the big 4 banks here in Australia has trademarked a specific shade of blue (see [the footer](https://www.anz.com/personal/) here). ---
**Author:** ![furryman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/furryman/32/99_2.png) [@furryman](https://boards.straightdope.com/u/furryman)\ **Post date:** [September 24, 2016, 5:45pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/15 "2016-09-24T17:45:01Z")
As far as I know the Yellow Truck company and the Yellow Cab company are the only companies that use that color yellow. Then again who else would want to? ---
**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\ **Post date:** [September 24, 2016, 7:07pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/16 "2016-09-24T19:07:09Z")
> [@wiki](#): > > Although 3M’s patent ran out in 1997, “Post-It” and the original notes’ distinctive yellow color remain registered company trademarks, with terms such as “repositionable notes” used for similar offerings manufactured by competitors. Despite this, the name has become generalized for all such products in many countries So yes, you can trademark a color. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [September 24, 2016, 7:57pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/17 "2016-09-24T19:57:07Z")
> [@t-bonham@scc.net](#): > > I don’t believe you can trademark a color. A color is something too generic to be trademarked. > > Or rather, you can get a trademark for it, but it’s unlikely to stand up in court. > > … > > The Owens Corning trademark pink on fiberglass insulation is nearly the same color as the Mary Kay cosmetics pink, but it’s not infringing because they are such different products that a consumer shouldn’t be confused. What exactly do you mean to say here? Because you start by saying something completely wrong and then you seem to contradict yourself. ---
**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\ **Post date:** [September 24, 2016, 10:33pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/18 "2016-09-24T22:33:57Z")
> [@Acsenray](#): > > Christian Louboutin claims red as a trademark when used for the sole of a women’s shoe. There was significant litigation about this when a Yves Saint Laurent, a competing shoe designer made a shoe that was entirely red, including a red sole. Louboutin sued to enforce its trademark on red soles. YSL argued that in something that is a fashion product like shoes, color is a functional aspect of the product and can’t be trademarked. The federal appeals court in New York issued an interesting [decision](http://caselaw.findlaw.com/us-2nd-circuit/1611250.html). The court held, in essence, that Louboutin’s distinctive mark was a red sole which contrasted with an upper of a different color. Because putting a red sole on a different color shoe was distinctive and not part of the overall fashion of a shoe, it was a protectable trademark. However, when the whole shoe was red, the red sole was part of the overall fashion of the shoe, and it was not subject to trademark protection. In other words YSL was able to sell an entirely red shoe without infringing Louboutin’s trademark, but Louboutin is entitled to trademark protection for a shoe with a red sole only. ---
**Author:** ![SpeedwayRyan](https://avatars.discourse-cdn.com/v4/letter/s/ce7236/32.png) [@SpeedwayRyan](https://boards.straightdope.com/u/SpeedwayRyan)\ **Post date:** [September 24, 2016, 11:00pm UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/19 "2016-09-24T23:00:53Z")
> [@friedo](#): > > You don’t care if a septic-tank maintenance company also uses brown. It hides the stains so well, it would really stink if they couldn’t use it. ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [September 25, 2016, 1:28am UTC](https://boards.straightdope.com/t/can-you-trademark-a-color/766665/20 "2016-09-25T01:28:01Z")
> [@furryman](#): > > As far as I know the Yellow Truck company and the Yellow Cab company are the only companies that use that color yellow. Then again who else would want to? Where I live, the [Fairfax Yellow Cab](http://www.yellowcaboffairfax.com/default.aspx) company paints its cars a color that I can only call orange. [Next page](https://boards.straightdope.com/t/can-you-trademark-a-color/766665.md?page=2)