Trademarking Colors: How Companies Like Owens Corning, UPS and Tiffany & Co. Did It
Trademarking colors is a unique way to protect a brand's visual identity and set it apart from competitors. Companies like Owens Corning, UPS and Tiffany & Co. have successfully trademarked their specific colors and are now reaping the benefits of exclusive use.
But how exactly did they do it? In order to trademark a color, a company must show that the color has acquired distinctiveness through its long and exclusive use in connection with a particular product or service. This means that consumers must associate the color with the company and its brand, rather than with a particular product or service category.
For example, Owens Corning trademarked the pink color of its insulation products, UPS trademarked its brown color for delivery services, and Tiffany & Co. trademarked its robin's egg blue for its jewelry boxes. These companies were able to provide evidence of the public's recognition of their colors as being associated with their brands and were therefore granted trademark protection.
It's important to note that not all colors can be trademarked. Colors that are commonly used in a particular industry or that have a functional purpose (such as red for stop signs) cannot be trademarked. Also, a company must show that it has been using the color in commerce for a significant amount of time, usually five years or more, before it can be considered for trademark protection.
Trademarking a color is a valuable investment for companies as it provides a unique and recognizable identity that sets them apart from competitors. It also gives companies the legal right to prevent others from using the same or similar color in the same product or service category.
In conclusion, trademarking colors is a powerful tool for brand protection and can provide companies with long-term benefits. Companies like Owens Corning, UPS, and Tiffany & Co. have successfully trademarked their specific colors, setting a strong example for other companies looking to protect their brand identity.