Can You Trademark a Color? It's About Recognition

You've probably heard the saying that a picture is worth a thousand words. The same can sometimes be true for a color.

Think about the last time you recognized a brand before seeing its name. Maybe it was a familiar robin's egg blue box, a brown delivery truck pulling into your neighborhood, or the unmistakable combination of orange, green, and red outside a convenience store. Over time, those colors become more than part of a company's branding, they become part of how consumers recognize the business itself.

That idea recently made headlines in the lawsuit between 7-Eleven and Nike. As we discussed in our previous article, 7-Eleven alleges that Nike's Air Max 95 sneaker uses a combination of orange, green, and red that consumers associate with the convenience store chain. Whether 7-Eleven ultimately prevails is up to the courts, but the lawsuit raises a question many business owners have never considered:

Can you actually trademark a color?

The answer is yes, but only under certain circumstances. While trademark law can protect a color or combination of colors, obtaining that protection is often much more difficult than registering a business name or logo.

A Color Can Be a Trademark—If It Identifies Your Business

The purpose of a trademark is to help consumers identify the source of goods or services. Most people immediately think of words, logos, or slogans, but those are not the only things that can function as trademarks.

A color may also qualify for trademark protection if consumers have come to associate that color with one particular business. In other words, the color must do more than make a product look attractive. It must help customers recognize who is behind the product before they even read the label.

That distinction is what separates a protectable color mark from a color that is simply part of a design.

Recognition Doesn't Happen Overnight

One of the biggest misconceptions about color trademarks is that choosing a distinctive color is enough to claim exclusive rights.

Most successful color trademarks are the result of years of consistent branding. Businesses invest significant time and resources using the same color across their products, packaging, advertising, websites, and marketing materials until consumers begin making the connection automatically.

That is why companies like Tiffany & Co., UPS, T-Mobile, and Christian Louboutin are often cited as examples of successful color trademarks. They didn't receive protection simply because they selected a particular color. They earned protection because consumers learned to associate those colors with a single source over time.

Proving Secondary Meaning

Trademark attorneys often refer to this consumer recognition as secondary meaning.

Secondary meaning exists when the public no longer sees a color as simply decorative but instead views it as identifying a particular business. Establishing secondary meaning can require years of consistent use and substantial evidence, including advertising, sales history, media recognition, and, in some cases, consumer surveys.

This is also why obtaining a color trademark can be significantly more challenging than registering a traditional word mark.

Even long-term use does not automatically guarantee registration. The USPTO will evaluate how the color is used within the industry and whether consumers genuinely associate it with a single source.

Not Every Color Can Be Protected

Another important limitation is functionality.

Trademark law protects branding, not useful product features. If a particular color serves a functional purpose, it generally cannot receive trademark protection, even if consumers recognize it.

For example, if a color indicates a product's strength, flavor, safety function, or another practical characteristic, preventing competitors from using that color could place them at a competitive disadvantage. In those situations, the law generally favors competition over exclusive trademark rights.

Should You Trademark a Color?

For most businesses, a color trademark is not the first intellectual property asset to protect.

Business names, logos, and slogans are typically stronger candidates because they are inherently designed to identify the source of goods and services. Those trademarks are often easier to register and provide broader protection.

However, that does not mean color should be overlooked. If your business has spent years building recognition around a distinctive color or color combination, it may be worthwhile to explore whether trademark protection is available.

The key is remembering that a color trademark is usually the result of successful branding, not the starting point.

What About Filing an Application?

Businesses do not necessarily have to wait until a color has become famous before filing a trademark application. Depending on the circumstances, it may be possible to file before the mark has acquired distinctiveness. In some cases, the mark may qualify for registration on the Supplemental Register while recognition continues to develop.

Every business is different, however, and the best filing strategy depends on how the color is being used, the industry, and the evidence available to support the application.

Building a Brand People Recognize

The recent dispute between 7-Eleven and Nike is a reminder that branding extends far beyond a company name or logo. When consumers consistently associate a particular color with a single business, that recognition can become one of the company's most valuable assets.

Of course, not every color will qualify for trademark protection, and proving that a color functions as a trademark is often a challenging process. That is why it is important to evaluate your branding strategy early, understand what aspects of your brand may be protectable, and develop a trademark strategy that grows alongside your business.

If you are considering protecting your brand, whether it involves a business name, logo, slogan, or even a distinctive color, speaking with an experienced trademark attorney can help you determine the best path forward.