Can a Color Be Registered as a Trademark?

A color combination may be applied for registration as a trademark, but a single color cannot. Article 8 of the Trademark Law lists color combinations among the registrable elements; in practice, color combination marks are hard to get approved, and most successful registrations rely on evidence of distinctiveness acquired through long-term, extensive use.

Legal Basis

Article 8 of the Trademark Law provides that registrable elements include color combinations — note that the statute says "color combination," not "color":

• Single color: not a statutory registrable element; it simply cannot be applied for as a trademark.
• Color combination: two or more colors arranged and combined in a specific manner, which may be applied for registration as a trademark.

Application Requirements

1. Declare in the application that the application is for a color combination trademark.
2. Submit a clear reproduction of the color device, indicating the internationally recognized color code for each color (e.g., Pantone codes).
3. Describe in words the manner and position in which the color combination is used.
4. Specify whether the colors are used on a particular part of the goods or packaging, or on the whole.

Difficulties in Examination

Color combination marks face two thresholds:

• Weak inherent distinctiveness: a color itself is readily regarded as a decorative element rather than a source identifier; in examination practice, registration is rarely granted on inherent distinctiveness alone.
• Heavy burden of proving acquired distinctiveness: the applicant must submit extensive evidence of use proving that the relevant public can already identify the source of goods through that color combination — such as long-term use of a particular color-block combination on shoe soles or packaging.

Practical Advice

1. Ordinary undertakings need not pursue color combination marks; registering word and device marks first is more economical and effective.
2. If the color scheme of a brand's visual identity does have market recognition, fix the scheme into a device mark (a device in designated colors) and apply for that — the pass rate is far higher than for a color combination mark.
3. When applying for an ordinary trademark in designated colors, note that after registration the mark should in principle be used in those designated colors; registering in black and white allows more flexibility in the colors of use.

If you are unsure about the above issues, you may first run a trademark registrability assessment on MyTMBee and act after obtaining analysis from a CNIPA-recorded trademark agent.