Monthly Archives: September 2012

Color Trademarks and Fashion: Branding That “Pops”

YSL Christian Louboutin red soles 300x157 - Color Trademarks and Fashion: Branding That “Pops"

Color trademarks are those which use a color alone as the brand for a product, what trademark experts call a “source indicator.” Color marks are considered non-traditional trademarks, and they are generally disfavored by the U.S. Patent and Trademark Office. Nonetheless, some color marks have achieved “distinctiveness,” that is, the degree of public recognition as a source indicator compels the USPTO to allow owners to register the color as a mark in their field of commerce.