A color mark is a mark made up of one or more colors used on a particular object. For markings associated with goods or products, the color may cover the entire surface of the cargo, or cover only a portion of the cargo, or cover all or part of the packaging of the cargo.
Many companies have successfully obtained trademark protection for a single color or combination of colors for their particular product or service. Good examples include the brown registration of the United Parcel Service's shipping and delivery services. Tiffany has a variety of blues registered for specific colors, used for packaging bags, boxes, catalog covers and fastener tops, as containers for perfume products, cutlery, jewelry, clothing, retail store services or related And a variety of other products and services offered by Tiffanys. 3M has a yellow registration for phone maintenance instruments and POST-IT notes [they also have the tag POST-IT]. Owens Cornings has many pink registrations for masking tapes, insulation and other products used in the construction and construction industries. Don't forget John Deere's right to green and yellow in his collection.
When considering whether you have the right to protect color, the first question is whether you actually use the trademark color - indicating the source of your product or service. The registrability of a color mark depends on how the mark is used in the mark.
When a color is used in any way, it is often considered a decorative feature, or in other words, just an interior decoration, rather than being registrable. On the other hand, if by use, the consumer public believes that the color mark is used to identify and distinguish the item associated with it and indicates the source, it is entitled to protection. For example, when shopping, you will see a series of horse-riding mowers of various colors. Do you have any questions about the source of green and yellow mowers?
Color can be a very compelling trademark and a valuable business asset. Choosing a trademark and planning marketing strategies and activities is critical to any business. The explosive growth of social media and changes in traditional advertising and marketing methods have created opportunities to develop more unique and non-traditional approaches that provide companies with a competitive advantage. Promoting non-traditional trademarks [such as color or other unique source identifiers [such as sound, smell, taste, product shape, and online dynamic markup] may provide you with a more unique and innovative way to engage and engage a wider audience. .
Orignal From: Trademark registration: Color Me Protected!
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