Can you trademark a color? It’s a question we hear a lot—especially from companies in industries where color plays a big role in product identity. The answer is: sometimes. It’s possible, but it’s also one of the hardest types of trademarks to win. A recent case involving a company called Medisafe shows exactly why.
Below, our friends from Trademark Lawyer Law Firm discuss the ins and outs of trademarking a color.
What Happened
Medisafe applied to register a trademark for a very specific shade of dark green used on its chloroprene medical examination gloves. Their goal was to claim exclusive rights to use that color on that type of glove, effectively preventing competitors from copying their look. They submitted photographs, promotional materials, and even a customer survey to try to prove that consumers associate that particular shade of green with their brand.
But the USPTO—and later the Trademark Trial and Appeal Board (TTAB)—rejected the application. Why? Because the evidence didn’t show that the color functioned as a source identifier. Instead, the Board found that many companies already used similar dark green gloves in the same industry. This meant the color wasn’t unique to Medisafe and was seen as a common or functional feature.
Medisafe’s survey was especially problematic. It was conducted by the company’s legal team (not a neutral expert), included just six participants, and didn’t offer persuasive evidence. One respondent even stated that the green color wasn’t distinctive at all. As a result, the Board ruled that the color was generic for the product category and therefore ineligible for protection—even on the Supplemental Register.
The Legal Standard For Color Marks
Color trademarks are judged under a two-step test:
- What is the genus of goods or services? Here, it was chloroprene medical examination gloves.
- Is the color commonly used within that genus? The answer was yes—other brands used similar green shades on gloves, so the color didn’t stand out as a unique brand signal.
- This test helps determine whether a color is generic, functional, or distinctive. If a color is considered generic or functional, it’s not eligible for trademark protection under U.S. law.
What This Means For Your Brand
Can you trademark a color? Technically yes—but the bar is high.
To successfully register a color mark, you must show that consumers view the color not just as decoration, but as a sign that the product comes from your company and no one else. That usually takes years of consistent use, significant marketing investment, and strong, unbiased evidence—like expert-conducted surveys or national advertising data.
The USPTO and courts will consider:
- Is the color used across your entire product line?
- Do competitors use similar colors for similar products?
- Have you advertised the color as part of your brand identity?
- Do customers actually associate the color with your business?
If the color is seen as commonplace or functional, you won’t be able to claim exclusive rights. This is especially true in industries like medical devices, tools, or industrial equipment, where certain colors serve a practical purpose (e.g., blue for sterilized products, green for safety). In those cases, courts are reluctant to grant monopolies on useful design elements.
Be Prepared
Color can absolutely be part of your brand strategy—but it’s risky to rely on it alone. A strong trademark strategy often focuses first on word marks, logos, and stylized designs that can be more easily protected and enforced.
If you’re considering a color mark—or trying to protect a unique look or feel (what is called “trade dress”)—talk to a trademark litigation lawyer before you file. They will help you evaluate whether it’s truly protectable, or if you should pivot toward more defensible brand assets.