When you think of brands like Coca-Cola, Tiffany & Co., or UPS, chances are their colors pop into your head before anything else. Bright red, robin’s-egg blue, and brown may seem like ordinary colors, but in the world of branding, they’ve become instantly recognizable trademarks.
That’s the power of color. It doesn’t just make your logo or packaging look good—it creates a visual shortcut in customers’ minds. But here’s the catch: picking brand colors isn’t only about design and psychology. If you want your colors to become a real asset, you need to think about trademark law, too.
1. Why Brand Colors Matter
Color triggers emotion, builds recognition, and helps you stand out in a crowded market. Studies have shown that color can increase brand recognition by up to 80%. For example:
- Red often communicates energy, urgency, or passion.
- Blue signals trust, professionalism, or calm.
- Green is tied to nature, growth, or freshness.
- Black and White suggest elegance, simplicity, or modernity.
Choosing the right palette helps communicate who you are as a business before a single word is spoken.
2. Can You Trademark a Color?
The short answer: yes, but it’s not easy. Under U.S. trademark law, colors can sometimes function as trademarks if they:
- Have acquired a “secondary meaning” (consumers recognize the color as tied to your brand, not just as decoration).
- Are non-functional (the color isn’t essential to the product itself).
Examples: Tiffany’s blue boxes, Owens-Corning’s pink insulation, and UPS’s “What can brown do for you?”
Pro Tip: If you’re just starting out, don’t expect to lock down an entire color right away. That level of protection usually comes after years of consistent use and recognition.
3. Avoid Confusingly Similar Palettes
Even if you can’t trademark a color immediately, you should avoid choosing a palette that’s too close to a competitor’s—especially in your industry. Imagine if a new delivery company launched using UPS’s exact shade of brown and gold. Customers could easily be confused, and UPS would almost certainly challenge it.
Before committing, look at your competitors’ branding. Ask:
- Does my color scheme stand apart?
- Would a customer associate this color with someone else’s business?
4. Keep It Practical
It’s tempting to pick trendy colors, but remember: your brand should last longer than a fashion season. Also, think about real-world usage:
- Will your colors look good online and in print?
- Are they legible when paired with text?
- Will they translate well into black-and-white formats?
A color that looks great on Instagram might not work well on packaging or signage. Choose shades that are versatile and timeless.
5. File Trademarks the Right Way
When you apply for a trademark that includes color, you’ll need to decide whether to:
- Claim the color as part of the mark (this limits protection to that exact color scheme), or
- File in black and white (giving broader protection over the design itself, regardless of color).
For many businesses, it makes sense to start with a black-and-white logo registration and later pursue color protection if the brand becomes well-established.
6. Consistency is Key
Even if you don’t trademark your brand colors right away, consistency builds recognition and strengthens your case later. Use your colors the same way across your website, signage, packaging, and social media. Over time, customers will begin to connect those shades directly to your business.
Final Thoughts
Colors are more than decoration – they’re a powerful part of your brand identity. Choosing the right palette can spark emotion, build recognition, and set you apart from competitors. But just like your business name and logo, colors also raise trademark considerations.
By choosing wisely, avoiding lookalike palettes, and staying consistent, you’ll not only create a strong visual identity – you’ll also lay the foundation for potential legal protection down the road.
If you’re ready to take the next step in protecting your brand identity – whether it’s your name, your logo, or even your colors – our law firm can guide you through the trademark process so you can grow your business with confidence.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between TM Law & Associates and the reader.
