Can you trademark a colour?

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

  1. doridori

    doridori Banned

    Messages:
    473
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    0
    #21
    wow this is fascinating....i did not know TM applied to colors....
     
    doridori, Aug 8, 2008 IP
  2. Balooka

    Balooka Peon

    Messages:
    35
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #22
    Yes they can, they just can't use it with the same text or mark. You cannot trademark a color.
     
    Balooka, Aug 9, 2008 IP
  3. phd78

    phd78 Peon

    Messages:
    51
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #23
    Pink for Owen Corning's insulation is the classic example of a trademarked color. Though if memory serves me correctly, there have been attempts to trademark colors later in time that didn't fare well. I think pink insulation was so different, unusual and well advertised at the time that it had transcended merely being descriptive (blue for a boating company) and there was a strong customer association between pink insulation and owen corning.

    As for a trademark without association to an item or logo - that would be difficult for anything because trademarks are registered because of their association with the provision of goods and services. The only way I can think of at the moment that you could pull something off like that is with made up words - like Google.
     
    phd78, Aug 9, 2008 IP
  4. Balooka

    Balooka Peon

    Messages:
    35
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #24
    You need to understand that the color itself can never be trademarked, its impossible, check the trademark agencies if you want. Its pretty easy really, you can trademark the word pink http://tess2.uspto.gov/bin/showfield?f=doc&state=dmtu2i.2.6 but you can't trademark a colour unless its attached to a word or style/mark.

    No need to go around in circles. :)
     
    Balooka, Aug 10, 2008 IP
  5. jamuna

    jamuna Active Member

    Messages:
    2,089
    Likes Received:
    24
    Best Answers:
    0
    Trophy Points:
    80
    #25
    yws, it may be possible
     
    jamuna, Aug 10, 2008 IP