Looks are everything.  Sorry, kind of superficial, but it’s true.  Color specific trademarks are becoming more common, whether for chocolate, jewelry, sports products, or shoes.   Colors serve as trademarks to indicate to a prospective consumer that a good bearding a certain color originates from a certain company and embodies certain traits.

For example, shortly after my wife and I married we received a wedding present in an aqua blue box.  My wife instantly knew where the gift was from.  It was a pair of candle stick holders from Tiffany.

Some companies which have successfully utilized colors for trademarks include Nike, Tiffany, Christian Louboutin, and Cadbury.

For the swank in us, there was a throw down between two shoe companies over the color red on the sole of a show:  Yves St. Laurent v. YSL

So what does this mean for you?  I don’t hold myself out as a marketing expert (these people do – article) but my understanding is that consumers recognize and react to color quicker than any logo or product name.  This means, when you’re the only one making a pair of shoes with a specific color that is popular and you own a valid trademark on it = monopoly = $$.   This exclusivity gives you instant brand recognition and desirability.  So, when you invent that glowing purple hot dog bun everyone wants to buy, file for a registered trademark on it.

If you have questions about non-traditional trademarks or intellectual property in general please give us a call or send an email.  We are happy to answer any questions you might have.