Some brands are recognised by colour alone — Louboutin’s red sole, Cadbury’s purple, John Deere’s green-and-yellow. In India, a colour or colour combination can be a trademark — but only if you can prove people associate it with you.
Colour is part of the definition of a “mark”
Colour is central to branding — often a brand’s most instant cue. Indian law reflects this: the definition of a “mark” in the Trade Marks Act includes a “combination of colours,” so colours can be protected for goods and services.
The John Deere example
John Deere — famous for its green-and-yellow agricultural equipment — obtained a Delhi High Court temporary injunction against a defendant using the same combination for tractors. John Deere showed acquired distinctiveness (use since 1918) and held registrations for the combination in India. The court protected the combination because it was solely associated with John Deere.
When you can claim a colour — Section 10
Section 10 lets a trademark be limited to a particular colour or combination, but only after assessing the mark’s distinctive character:
- Claim the colour — if colour is a distinctive feature, say so expressly at filing, with evidence that the colour/combination is solely associated with your goods. Claiming use from a date helps substantiate the association.
- Don’t claim colour — if you make no specific colour claim, registration extends to all colours.
The distinctiveness hurdle
- Common trade colours are hard to monopolise. The Registry’s own example: GREEN may be distinctive as a beer mark, but green for beer-bottle packaging is non-distinctive.
- A single colour needs strong evidence. Exclusivity over one colour requires proof that it exclusively designates your goods — a high bar, met by the likes of Cadbury purple and Louboutin red through long, heavy use.
Practical guidance
- If your product/packaging colour is iconic and stable (canary yellow for Post-it, Cadbury purple), register claiming that specific colour, and build evidence of acquired distinctiveness.
- If your colours change frequently, file without claiming colour exclusivity — you get broader (all-colour) coverage of the mark’s other elements.
- Document the association — advertising, sales and consumer recognition tie the colour to you.
Frequently asked questions
Can a colour be a trademark in India? Yes — a colour or combination of colours can be registered, since “mark” includes a combination of colours, provided it is distinctive (usually through acquired distinctiveness).
How did John Deere protect its green-and-yellow? By showing acquired distinctiveness (use since 1918), Indian registrations, and that the combination was solely associated with it — earning an injunction.
Should I claim a specific colour when filing? Claim it if the colour is distinctive and stable, with evidence; if you don’t claim colour, the registration covers all colours of the mark.
Why is a single colour hard to register? Because common trade colours cannot be monopolised — you must prove the colour exclusively designates your goods, a high evidentiary bar.
Legislation referred to
- The Trade Marks Act, 1999