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Can I register a trademark for a color?

Under United States trademark law a color can serve as a trademark. For a color to be registrable as a trademark, an owner must prove that the color has developed a secondary meaning. That is, since colors are deemed to be not inherently distinctive, they must over time acquire distinctiveness through potential consumers associating the color with a particular product’s origin. When customers regularly treat a particular color as signifying a brand, that color acts much like descriptive words would in indicating the source of the product or service, and, as such, can be registered as any other mark would.

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

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Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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Williamson Intellectual Property Law, LLC
1870 The Exchange, Suite 100
Atlanta, GA 30339
770-777-0977
http://www.trwiplaw.com
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Williamson Intellectual Property Law, LLC
1870 The Exchange, Suite 100 - Atlanta, Georgia 30339