Can I Trademark a Color Combination or Packaging Design?

If you have built a business around a product that customers instantly recognize the moment they see a certain color pattern or the shape of its packaging, you may be wondering whether you can protect that identity under the law, particularly if you’re noticing competitors inching toward designs that feel a little too familiar. Importantly, trade dress and color marks can, indeed, shield brand appearance in ways that go far beyond just logos and names. Read this article to learn more about whether you can trademark a color combination or packaging design, and contact a knowledgeable New Orleans, Louisiana trademark lawyer from Lemler IP today. 

What does it mean to trademark a color combination or packaging design?

Under federal trademark law, certain visual elements can be protected if they identify the source of a product. These elements are often referred to as trade dress. Consider the following to determine what counts as trade dress:

• A color or combination of colors may function as a trademark if consumers associate that color scheme with a single brand. 
• Packaging design can qualify as protectable trade dress when it is distinctive rather than purely functional. 
• The overall appearance must signal to the public that the product comes from one business and not another. 

If packaging or color choice has become recognizable by consumers, you may have a path to legal protection. Many companies do not realize that a feature as simple as a two-tone pattern on a box can often serve as a unique brand identifier. 

How do I prove that my color scheme or packaging is distinctive?

Trademark applicants are required to show distinctiveness. Some designs are considered inherently distinctive because they are unusual or imaginative, while others need additional proof. Courts and the United States Patent and Trademark Office look for several indicators, including the following:

• Long-term use of the same color combination or packaging style
• Significant advertising that highlights visual elements of the brand
• Evidence that consumers associate those visuals with your company
• Market studies or sales data showing recognition tied to appearance

Distinctiveness is often easier to show with packaging design. In fact, unlike packaging, color alone can never be considered “inherently distinctive”; you must always prove that consumers have learned to associate that specific color or color combination with your brand over time. Still, with strong supporting evidence, color marks can succeed, as long as you can demonstrate that your design is not functional and that people recognize it as part of your brand identity. 

Why should I consider trademark protection now?

Business owners often wait too long to seek protection and only take action after a competitor begins using something confusingly similar, which is why acting early can help protect your rights. Some of the various benefits that come with trademark protection are as follows:

• Exclusive rights to use the protected visual features
• The ability to stop confusingly similar packaging or color schemes in the marketplace
• Increased brand value when investors or partners evaluate your company
• Long-term consistency that strengthens customer trust. 

If you believe your color combination or packaging design is unique, protectable, and central to your brand, please don’t hesitate to contact an experienced New Orleans intellectual property lawyer from Lemler IP who can help guide you through the trademark process.