Colour as a Trademark: Famous Cases and What Businesses Should Know
Can a coluor alone function as a trademark? The answer is yes – but with strict conditions. In Europe and Hungary, coloors may be registered as trademarks if they are distinctive enough to identify the goods or services of one company from those of others.
Some of the world’s most iconic brands have succeeded in this: Tiffany Blue, Milka Purple, and Louboutin Red are prime examples. But not every attempt has been successful, and the bar for distinctiveness is high.
Legal Context & EUIPO Guidelines
In both the EU and the UK, non-traditional trademarks—such as single colours—are accepted only if they are distinctive and can be precisely represented, typically via Pantone or RAL codes. According to the EUIPO guidelines, colour marks must be graphically clear, self-contained, intelligible, durable, and objective.
Given the quotidian nature of colours, most fail the test unless they have acquired distinctiveness through long-term use and extensive investment.
Famous Cases: When Colours Became Icons
Tiffany Blue (Pantone 1837): protected thanks to decades of exclusive use in the luxury jewellery market.
Milka Purple (Pantone 2685C): registered by Mondelez after years of intensive advertising and consumer recognition.
Louboutin Red Sole: protected in the EU as a position mark—consumers directly associate the specific red sole with Louboutin shoes.
A notable European case: T-Mobile’s magenta. Deutsche Telekom registered a magenta colour mark (Pantone Rhodamine Red U / RAL 4010), but a recent decision by the Benelux Office cancelled it. Although a Dutch survey found 60% of respondents associated magenta with the brand, the evidence did not hold for Belgium and Luxembourg. Thus, it failed to prove acquired distinctiveness across the entire territory.
What This Means for UK & European Businesses
When you're considering a colour mark, bear in mind:
Evidence of acquired distinctiveness is critical: long-term, exclusive use, marketing spend, consumer surveys.
Geographical coverage matters: distinctiveness must be shown across the entire jurisdiction of registration. A local market survey alone may not suffice.
Colour as part of a logo is safer: brands often secure better protection by combining a color with graphic elements rather than claiming standalone colour rights.
Practical Advice for IP Firms & Businesses
Approach standalone colour registrations with caution; they’re difficult and expensive to obtain.
If you proceed, prepare comprehensive evidentiary documentation (including market studies across jurisdictions).
An alternative route: protect the colour within a logo or packaging design—this tends to be more durable and cost-effective.
Conclusion
Colour trademarks are powerful brand assets—but rare and challenging to secure. Businesses in the UK and EU must plan carefully, with strong cross-border evidence demonstrating that consumers directly associate the colour with the brand. As the T-Mobile magenta case highlights, even a dominant global player can fail without complete territorial distinctiveness.