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, including trade dress, color marks, shape marks, configuration marks, position marks, sound marks, scent marks, motion marks, hologram marks, texture marks, and taste marks. Non-traditional trademarks are less common than traditional trademarks but provide a creative and innovative way for businesses to establish and protect their brand identities.

A color mark is a type of trade dress consisting of a specific color or combination of colors used to identify a brand. The color in a color mark can be applied to a product, its packaging, or to a service. In order to be registered as a trademark, a color mark must be capable of identifying the source of the product or service, acquire distinctive in the minds of consumers, and not protect visual features that are functional or essential to the use of the product or service.

The first single color mark ever registered in the US is still alive today: the pink color of Owens Corning insulation was first registered in May 1987 [1]. Other long-lasting single color mark registrations include the Qualitex Green-Gold color mark, first registered in February 1991 [2], the Zagat Burgundy color mark, first registered in November 1996 [3], and the Reese’s Orange color mark, first registered in June 1999 [4].

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?.