Can you trademark a colour?

Discussion in 'Legal Issues' started by tokyoice, Aug 6, 2008.

  1. #1
    Yes you can!

    [​IMG]

    Royal Mail, the Cruciform and the colour red are registered Trade Marks of Royal Mail Group PLC.
     
    tokyoice, Aug 6, 2008 IP
  2. norfstar

    norfstar Peon

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    #2
    Yes, I heard somewhere that Kawasaki have a shade of lime green trademarked for use on motorcycles also.
     
    norfstar, Aug 6, 2008 IP
  3. DeenaEsq

    DeenaEsq Peon

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    #3
    Sure. You can trademark all kinds of things...Look at a bottle of Coca-Cola. The trademarked the font, the shape of the bottle and, I believe, even the shade of red...

    Deena
     
    DeenaEsq, Aug 6, 2008 IP
  4. renlok

    renlok Well-Known Member

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    #4
    thats ridiculous why would you be allowed to trademark a shade of red?
     
    renlok, Aug 6, 2008 IP
  5. browntwn

    browntwn Illustrious Member

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    #5
    I do not think you can trademark a color independently. You can certainly include color as part of a trademark of a design or logo. So, the color included as part of a coke logo trademark, but that would not prevent others from using that same color on things unrelated to coke.

    In the US, Royal Mail makes no claim to color as part of its Trademark.

    [​IMG]
    [​IMG]

    Word Mark ROYAL MAIL
    Goods and Services IC 009. US 021 023 026 036 038. G & S: computer software, databases, information recorded in electronic, magnetic, electro-magnetic, optical or electro-optical media, databases and software downloadable from the Internet or other computer network, all relating to business and residential address information and used for creating and maintaining mailing lists, optimizing mailing addressing and sorting; computer software for package routing, management and control

    IC 016. US 002 005 022 023 029 037 038 050. G & S: packaging and wrapping materials namely, paper bags for packaging, plastic bubble packs for wrapping or packaging, cardboard boxes, cardboard containers, packing cardboard; philatelic products, namely postage stamps; postage prepaid envelopes and prepaid paper pouches for packaging; envelopes, padded bags, namely padded paper mail pouches

    IC 035. US 100 101 102. G & S: arranging for the pickup, delivery, storage and transportation of packets, packages, parcels, letters, messages, newspapers, periodical publications, freight and of goods, all by road, rail, air, and water; advice and proof of delivery services, namely monitoring and tracking of package shipments; advisory services for the location of goods in transit, namely business consulting in the tracking of package shipments in transit

    IC 038. US 100 101 104. G & S: Electronic mail services, electronic data transmission services; computer network communications services, namely wireless broadband communication services; electronic data transmission services; data communication by electronic mail, electronic message sending, telegram transmission; providing telecommunications information, advisory and consultancy services from a computer database or via the internet or extranets

    IC 039. US 100 105. G & S: delivery of packages, message delivery, document delivery, parcel delivery and freight transportation by road, rail, air and boat; delivery of packets, letters, newspapers, periodical publications; delivery of freight and goods by road, rail, air and boat; storage and transportation of packets, packages, parcels, letters, messages, newspapers, periodical publications, freight and of goods, all by road, rail, air and water; mail forwarding and redirection services; courier services; rental of mail boxes; unloading of cargo; freight forwarding; guarded transport of valuables by road, rail, air or water; warehousing; rental of warehouses; post restante services, namely storage of mail for collection by an itinerant; information, advisory and consultancy services in the field of delivery of packages, messages, documents, parcels and freight and the provision of such services on-line from a computer database or via the internet or extranets
    Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
    Design Search Code 24.11.01 - Crowns closed at the top
    26.11.13 - Rectangles (exactly two rectangles); Two rectangles
    26.11.16 - Rectangles touching or intersecting
    26.11.21 - Rectangles that are completely or partially shaded
    Serial Number 78643584
    Filing Date June 3, 2005
    Current Filing Basis 44E
    Original Filing Basis 1A;44E
    Owner (APPLICANT) ROYAL MAIL GROUP LIMITED PRIVATE LIMITED COMPANY UNITED KINGDOM 148 OLD STREET LONDON UNITED KINGDOM EC1V 9HQ
    Assignment Recorded ASSIGNMENT RECORDED
    Attorney of Record J. Scott Gerien
    Prior Registrations 2175898
    Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MAIL" APART FROM THE MARK AS SHOWN
    Description of Mark Color is not claimed as a feature of the mark. The mark consists of a crown centered above the stylized words ROYAL MAIL contained within overlapping rectangles forming a cross.
    Type of Mark TRADEMARK. SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE


    Looked up a UK trademark for the first time and in the couple Royal Mail marks I checked I saw no reference to a color being trademarked:

    http://www.ipo.gov.uk/domestic?domesticnum=1450211
     
    browntwn, Aug 6, 2008 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    Not necessarily the shade of red, but the overall image or symbol:

    And I'm rather surprised at you, Deena. Isn't trademark not supposed to be a
    verb? :D
     
    Dave Zan, Aug 6, 2008 IP
  7. DeenaEsq

    DeenaEsq Peon

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    #7
    I know, I know... I'm blaming it on the 3:00am wake up call from my 16 month old this morning... LOL!
     
    DeenaEsq, Aug 6, 2008 IP
  8. browntwn

    browntwn Illustrious Member

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    #8
    I totally accept that as an excuse. Mine just turned 14 months, I sleep walk through some days!
     
    browntwn, Aug 6, 2008 IP
  9. hecto

    hecto Well-Known Member

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    #9
    As far as I know you cannot trademark a colour alone. It would have to be with a logo.
     
    hecto, Aug 6, 2008 IP
  10. conceptsti

    conceptsti Active Member

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    #10
    I do not think you can trademark a color

    I remember buying pepsi blue and coca cola red and bmw blue
    if they were trade marked then i should not have been able to buy them
     
    conceptsti, Aug 6, 2008 IP
  11. tokyoice

    tokyoice Well-Known Member

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    #11
    What???

    :confused:
     
    tokyoice, Aug 7, 2008 IP
  12. rosn007

    rosn007 Well-Known Member

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    #12
    I guess trademark only arrives with symbol but not with colors. colors aren't trademarked because they are far limited to use compared to symbols.
     
    rosn007, Aug 7, 2008 IP
  13. fromtoday

    fromtoday Peon

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    #13
    I think 3M owns the trademark on a shade of red;

    "...3M Red or match to PANTONE® 485..."
     
    fromtoday, Aug 7, 2008 IP
  14. workitout

    workitout Guest

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    #14
    Colors alone can be trademarks. In the U.S., Kodak's yellow, Owens Corning's pink for insulation, and I think also the Petty car racing family's blue are all registered trademarks. What makes this possible is years of use, so that in a certain market (like photography, building products, or car racing) the color itself takes on "secondary meaning," so that it indicates the source of goods or services.
     
    workitout, Aug 8, 2008 IP
  15. browntwn

    browntwn Illustrious Member

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    #15
    Please show us where there is a trademark for color alone, you can start with one of the three you claim has one:

    uspto.gov

    I'll be waiting and be happy to admit I was wrong when you find a trademark for color alone. I think you wont find one as the color will apply to a specific thing, logo, item, etc. It will not be for just a color.

    Edit to add:

    I think some of use are saying the same thing differently. I agree that Corning can trademark the color pink for insulation - and keep another company from using pink for insulation. The key aspect to me is that is has to be associated with a particular product or logo. No company can just claim a color unrelated to an item or logo. It is tied to a product and the use by some other company on the same type of product would cause confusion. To me that is not color alone, but color tied to an item. Kimberly Clark uses orange on medical face masks. Nobody but another medical mask maker would be affected by the claimed trademark of the color orange.
     
    browntwn, Aug 8, 2008 IP
  16. C.Whyte

    C.Whyte Peon

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    #16
    That's got to be one of the most unusual things ever. Can you imagine starting a business and getting a letter from someone saying you are being sued for "color infringement" lol!
     
    C.Whyte, Aug 8, 2008 IP
  17. Balooka

    Balooka Peon

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    #17
    Only if its associated with some other mark, Look at Orange,com, they registered the word but NOT the colour. If you could someone would own the rainbow,
     
    Balooka, Aug 8, 2008 IP
  18. Host Website

    Host Website Well-Known Member

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    #18
    In NZ Cadbury chocolates have trademarked purple, so no one can use purple on chocolates.
     
    Host Website, Aug 8, 2008 IP
  19. Rory M

    Rory M Peon

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    #19
    Yes, the wording of the Post Box footers has always amused me. I wonder if they trade marked slow delivery and regularly loosing my parcels as well :rolleyes:
     
    Rory M, Aug 8, 2008 IP
  20. Affilit

    Affilit Peon

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    #20
    God damn did not know you could register a colour with your trade mark.
     
    Affilit, Aug 8, 2008 IP