With the USPTO granting the trademark to Owens Corning, the courts decided a company can trademark a color in very direct and specific circumstances. The Company must show that the color:
- Distinguishes the company from its competitors.
- Doesn’t affect the product’s cost or quality.
- Doesn’t serve a functional purpose.
Proving all three points isn’t easy, that is why so few companies have had success in trademarking a single color. Trademarking color combinations have been easier to achieve, for instance, McDonald’s has trademarked its red and yellow color scheme when they accompany its logos. Owens Corning was the groundbreaker in registering a trademark for its distinctive pink color. As the first company to trademark a color, Owens Corning has also been on the frontline of legal battles over trademark law. According to Law360, in 2011, for instance, the company filed a suit against Kingspan Insulation, a UK company that sold pink-colored insulation and building materials. Owens Corning has been associated with a single color ever since a mistake turned its insulation pink. Branding strategically and securing their brand along the way has made Owens Corning’s product a household name and request.
Shutter stock Several other companies have followed in OC’s footsteps by trademarking their color.
Tiffany & Co. trademarked their signature Robin Eggs blue in 1998, to prevent low-quality competitors from luring away existing customers.