how do you trademark a color

has fluke done this? they either haven't or it's completely ineffective judging by the number of color mimicking multimeters out there
-F

@Felthry You can trademark a color by claiming that your brand is distinguished by it. Coca Cola's red, McDonald's yellow, UPS's brown, Tiffany's blue - all of these are trademarked.

@Tathar @Felthry Right, so - you can't copyright a *color*, technically, but you *can* (and corps *do*) copyright, the *use* of a color.

@lorxus @Felthry

Also, according to 1202.05(a), it looks like you can't trademark a color unless you can substantially prove that it has acquired distinctiveness.

Follow

@Tathar @lorxus i'd say the examples lorx gave there have
-F

@Felthry @lorxus

Maybe the UPS brown because they use it in their slogan, but I associate red as much with Walmart's Sams Cola as with Coca Cola. I wouldn't associate either of the others with any particular color.

@Felthry @lorxus

(Important to note that I'm saying this in the sense of "should be" rather than "is." I also think that orange in the context of peanut butter cups should be considered aesthetic functionality and ineligible for trademark protection because people prefer peanut butter that is colored orange.)

Sign in to participate in the conversation
Awoo Space

Awoo.space is a Mastodon instance where members can rely on a team of moderators to help resolve conflict, and limits federation with other instances using a specific access list to minimize abuse.

While mature content is allowed here, we strongly believe in being able to choose to engage with content on your own terms, so please make sure to put mature and potentially sensitive content behind the CW feature with enough description that people know what it's about.

Before signing up, please read our community guidelines. While it's a very broad swath of topics it covers, please do your best! We believe that as long as you're putting forth genuine effort to limit harm you might cause – even if you haven't read the document – you'll be okay!