Rebel cartoon stick figure with green hair pointing at a chalkboard with “Color Marks” written in large chalk letters — representing a blog post about color marks and non-traditional trademarks.

Non-traditional trademarks are unconventional and unique forms of trademarks. Non-traditional trademarks are less common than traditional trademarks (and certification marks and collective marks) but provide a creative and innovative way for businesses to establish and protect their brand identities.

The largest category of non-traditional trademarks is trade dress, which includes the overall look and feel of a product, product packaging, or service. Trade dress can include color marks, configuration marks, position marks, repeating pattern marks, shape marks, and texture marks. Other (non-trade dress) types of non-traditional trademarks include hologram marks, motion marks, scent marks, sound marks, and taste marks.

A color mark is a type of trade dress consisting of a specific color used to identify a brand [1]. The color in a color mark can be applied to a product, its packaging, or used in connection with a service. In posts on That’s a Trademark, all “color marks” we feature are single color marks that do not claim any other color, shape, or position (also known as “per se” color marks). All marks that include multiple colors, colors with shape, or colors with position are featured and labeled as configuration marks or position marks.

In order to register as a trademark, a color mark must not be generic nor functional, be used in connection with a good or service, and distinctively identify the brand owner (i.e., function as a trademark). Color marks are never inherently distinctive, and cannot be registered on the Principal Register without showing evidence that consumers recognize the color as a trademark (i.e., acquired distinctiveness). The description of the mark must also indicate the color claimed, describe how the color is used on the relevant goods or services, and indicate that the shape of the drawing is not claimed as a feature of the color mark.

The first color mark ever registered in the US is still alive today: the Owens-Corning Pink color mark [2] was first registered in May 1987 and first used in 1956 in connection with fibrous glass residential insulation.

Other long-lasting color mark registrations include the Qualitex Green-Gold color mark [3], first registered in February 1991 and first used in 1957 in connection with press pads and covers for industrial press machines; the Zagat Burgundy color mark [4], first registered in November 1996 and first used in 1982 in connection with restaurant guide books; and the Reese’s Orange color mark [5], first registered in June 1999 and first used in 1969 in connection with candy.

Want to search for color marks yourself? Head over to https://tmsearch.uspto.gov/ and select “Field tag and Search Builder” from the drop down box on the left [6].

For active single color mark registrations (per se color marks) used on goods and services, enter the following search string: (MD:2 MD3) AND DC:(2902*) AND LR:true AND RG:*principal*

For active single color mark registrations that include position or other limiting features on goods and services, enter the following search string: (MD:2 MD3) AND DC:(2903*) AND LR:true AND RG:*principal*

For active single color mark registrations that used on product packaging, enter the following search string: (MD:2 MD3) AND DC:(2904*) AND LR:true AND RG:*principal*

For active multi color mark registrations, enter the following search string: (MD:2 MD3) AND DC:(2905* 2906* 2907*) AND LR:true AND RG:*principal*

And for all of the above color mark registrations, enter the following search string: (MD:2 MD3) AND DC:(2902* 2903* 2904* 2905* 2906* 2907*) AND LR:true AND RG:*principal*

Once you have search results, over on the left click on “Sort” and select “Serial (0-9)” to see color marks sorted oldest to newest or “Serial (9-0)” to see color marks sorted newest to oldest by filing date. Searching isn’t an exact science (thank you outdated trademark search tools!), so beware false positives and incomplete or missing results. Have fun!

Want to learn more about trademarks? Check out our posts on Why Should I Care About Trademarks?, 5 More Key Facts About Trademarks, and I Think I Understand IP, But Can You Give Me An Example?.