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Trademarked Colors: Making People Red


Businesses are getting trademarks for just about everything these days, and that includes colors.  Yes, you read correctly, businesses can trademark colors. 

A popular example of this is T-Mobile’s trademark of the color “Magenta.”   But what does this mean?  Can I not use magenta in my favorite painting?  Stop, breathe, and don’t throw away the paint brush yet.  

Basically, a trademarked color for business purposes does not really affect the average person.  T-Mobile had to trademark a very specific color: here, Magenta RAL 4010.  While T-Mobile has sued two companies that used the color in their marketing, T-Mobile does not actually own “magenta.”  In order for T-Mobile to win a trademark infringement claim, it must prove:

1) You are using specifically “Magenta RAL 4010”

2) You are using to in order to sell or advertise another telecommunication product

3) You are using it in a way that will likely confuse a consumer into thinking T-Mobile is involved in some way

This is some tough criteria to demonstrate.   However, Verizon do not change your little red checkmark to T-Mobile’s magenta, otherwise there may be quite an interesting suit.

But for us average folk, we can still use colors like “Macaroni and Cheese Yellow” to our heart’s content.


[9:08am] 8-Jun-2010

I don’t understand why people can trademark colors, yet you were saying before how the gov doesn’t let people copyright fashion designs. If designs are subjective, it seems to me that colors would be even more so. Just saying.

carmen
[9:18am] 9-Jun-2010

So are all the crayola names trademarked then?

James
[9:25am] 9-Jun-2010

Hi James - Great question.

It turns out that most Crayola color names are taken from the U.S. Commerce Department’s National Bureau of Standards book called “Color: Universal Language and Dictionary of Names.” Therefore, Crayola would not be able to trademark those.

However, as a fun fact, the packaging of Crayola crayons (the yellow and green combined with the design) IS trademarked.