A trade mark (in its simplest form) is a way of identifying your business’ products or services on the market. While I’m sure it comes as no surprise to you that trade marks can be registered over a business’ words (such as a name or iconic phrase) or logo, you might be unaware that you can actually trade mark a colour where your business’ brand has become synonymous with that colour.

Trade Mark Number 1120621

In relation to block chocolate and boxed chocolate

Trade Mark Number 1368527

In relation to energy drinks

Trade Mark Number 888415

In relation to preparations for making chocolate and malt based milk beverages

Trade Mark Number 1414010

In relation to jewellery and the retail of jewellery

Trade Mark Number 1365687

In relation to cat food

Trade Mark Number 1754249

In relation to beans and products containing beans

Trade Mark Number 773450

In relation to mail delivery services

Trade Mark Number 704779

In relation to champagne and sparkling wines

Trade Mark Number 749403

In relation to retailing services provided by convenience stores

Trade Mark Number 762226

In relation to banking and financial affairs

Trade Mark Number 1395058

In relation to indoor and outdoor cleaning machines and water pressure cleaners

Trade Mark Number 1194047

In relation to bleaching preparations and other substances for laundry use and dishwashing

Trade Mark Number 1394930

In relation to repair and maintenance of power equipment, tools and accessories for use in forestry, agriculture, construction, cleaning and horticulture

Trade Mark Number 1590530

In relation to tyres and wheels, and advertising and marketing

Trade Mark Number 1662079

In relation to power tools being drills, screwdrivers, saws, hammers etc.

How to register a colour as a trade mark?

In order to register a colour as a trade mark, the business needs to be
able to prove:

1. the public identifies a colour as synonymous with a brand;
2. the colour alone can identify the goods or services; and
3. the colour is a trade mark in its own right.

This is more often than not seen in the form of a specific shade of colour (i.e. a pantone). However, the registration of a single colour as trade mark would (technically) be more difficult to achieve as a single colour is generally less unique and distinguishable than a combination of colours.

Generally, colours that serve a function or are often used in society (having a generally accepted meaning) will be difficult to trade mark. These may include (for example) shades of:

1. yellow, red or orange – often associated with hazard or stopping; and
2. brown for a coffee bean supplier, or green for a business that sells grass – being the product’s inherent colour (serving a function).

In 2018, V Energy had their attempt to register a shade of green as a trade mark (being Pantone 376C) rejected on the basis that the colour didn’t adequately distinguish their energy drinks in the market (after Coca-Cola, being Mother Energy Drinks, opposed their registration).

Trade Mark Application Number 1496541

Pantone 376C

In 2014, BP lost a 10 year battle to register a shade of green as a trade mark (being Pantone 348C) as the colour didn’t adequately distinguish their fuel, service station and takeaway food services (after Woolworths opposed their registration).

Trade Mark Application Number 909518

Pantone 348C