Most people think of trademarks as logos or brand names. But did you know that colors can also be protected under trademark law? In Colorado, some businesses use unique colors to set themselves apart. Think of a certain red used by a soda company or a teal shade found on a jewelry brand’s boxes. These colors can become powerful symbols and sometimes legal property.
What Is a Color Trademark?
A color trademark is not just any color. It is a specific shade used in a special way that makes people think of one brand. For example, if a company in Colorado paints all its delivery trucks a rare blue, and customers start linking that shade to the brand, the business may try to protect it under trademark law.
However, not every color can be owned. To be approved, the color must clearly identify the company’s goods or services. This means that when people see the color, they instantly think of that business, not just a pretty color in general.
Rules for Color Trademarks in Colorado
In Colorado, the rules for registering a color trademark follow federal laws under the United States Patent and Trademark Office (USPTO). The main requirements include:
- Distinctiveness: The color must make the product look unique.
- Non-functionality: The color cannot serve a useful purpose, like red on a stop sign (which signals “stop,” not a brand).
- Recognition: Customers must already see the color as linked to the company’s goods or services.
A good example would be a Colorado craft brewery using a one-of-a-kind golden label shade that local people instantly recognize. Over time, if the color becomes famous, the brewery could apply for trademark protection.
Steps to Register a Color Trademark
Businesses in Colorado can apply for a Colorado trademark by following these steps:
- Prove the color is distinctive. Collect evidence showing that customers connect the color with your product or service.
- Show non-functionality. Explain that the color doesn’t affect how your product works.
- File with USPTO. Submit the color details, proof of use, and design samples.
- Wait for review. The office checks if another business already owns or uses a similar shade for related products.
Registration can take several months, and approval depends on strong evidence that your color represents your brand.
Why Color Trademarks Matter in Colorado
Colorado businesses, from craft makers to outdoor gear brands, often rely on design and appearance to stand out. Owning a color trademark prevents others in the state from copying your shade and confusing customers. It helps protect marketing identity and keeps brand loyalty strong.
Still, not every business will benefit. Registering a color trademark can be costly and hard to prove. Only brands with long use or wide recognition should consider this path.
Final Thoughts
So, can you really own a shade in Colorado? The answer is yes, but only if that color becomes a true part of your brand’s identity. Businesses must show that their color represents more than style; it must speak for their brand. For those who succeed, a color trademark can become one of the most valuable parts of their Colorado business image.
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