When we think of trade marks, we usually picture brand names, logos, or slogans. But in Australia, colour itself can also be a trade mark.
So yes, it is possible to legally “own” a colour, however the law does not allow you to claim rights to a colour for all goods and services. Instead, a colour trade mark protects the use of a specific colour (or colour combination) in connection with particular goods or services, where that colour has become closely associated with the brand.
Put simply:
A colour can be registered as a trade mark when consumers recognise the colour and immediately think of your business.
This is known as distinctiveness, and it is the core test for protecting a colour trade mark.
Famous Examples of Colour Trade Marks
Here are some well-known examples where colour has become a core part of the brand identity:
| Colour | Brand | Description of Use | Why It Works |
| Purple (Pantone 2685C) | Cadbury | Confectionery packaging | Consistent use for decades; strong consumer association |
| Tiffany Blue (Pantone 1837) | Tiffany & Co. | Jewellery boxes & packaging | The colour itself evokes brand luxury |
| Green & Yellow | John Deere | Tractors & machinery | Highly distinctive in the farming industry |
| Red Soles | Christian Louboutin | High-end women’s shoes | Instantly recognisable style marker |
In all of these examples, the colour is not merely decorative — it functions as a brand identifier.
When Can a Business Trade Mark a Colour?
A business must show that the colour:
- Has been used consistently in marketing and packaging
- Is recognised by customers as identifying the brand
- Is not standard or functional for the industry
For example, trying to trade mark “blue for bottled water” would likely fail — because many brands already use blue to suggest purity and freshness.
But if your business has used a very specific shade consistently for years, and customers associate that colour with you, it can be protectable.
Why Colour Trade Marks Are Difficult to Obtain
Colour trade marks face a higher legal threshold than traditional trade marks.
IP Australia will expect convincing evidence of acquired distinctiveness, such as:
- Long-term consistent use of the colour
- Sales volume and market presence
- Advertising and brand materials
- Industry recognition
- Consumer surveys (optional but persuasive)
This is why many colour trade mark applications are supported by legal submissions and evidence bundles.
Should You Apply for a Colour Trade Mark?
Colour trade marks are especially valuable for businesses that rely heavily on visual brand identity, such as:
- Retail brands
- Consumer packaged goods
- Fashion labels
- Hospitality and franchise models
However, colour trade marks are usually pursued after securing core protections like your word trade mark or logo trade mark.
If you haven’t yet completed a trade mark search, start here:
Checklist for a Comprehensive Trade Mark Search in Australia
If your business is planning to scale into new markets, also see:
Developing an Effective Global Trade Mark Strategy: Key Considerations
Frequently Asked Questions About Colour Trade Marks
1. Can you really own a colour in Australia?
Yes, but only when the colour has become a distinctive indicator of your brand in your market.
2. Does this prevent everyone from using that colour?
No. It only prevents other businesses from using the same or similar colour in a similar commercial context where customers may be confused.
3. Can a new business trade mark a colour?
Generally no — distinctiveness must already exist. Colour protection is usually a later-stage brand strategy.
4. How long does a colour trade mark last?
It lasts 10 years and can be renewed indefinitely, as long as the trade mark remains in use.
5. What is the first step?
Have a trade mark lawyer assess your evidence and the market landscape.
How BrandU Legal Can Help
At brandU Legal, we specialise in intellectual property law, including colour trade marks and complex distinctiveness evidence strategies.
Explore our services:
Trade Mark Services – BrandU Legal
If your colour is becoming part of your identity, it should also be part of your IP strategy.
Ready to Protect Your Brand’s Most Recognisable Assets?
Book a consultation and let’s discuss your colour trade mark potential.