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Showings of acquired distinctiveness, filing correctly, and avoiding claims of functionality are all key to successful color mark applications in the United States, according to research by the Non-Traditional Marks Committee—U.S. Color Marks Task Force during the 2020‒2021 Committee Term.
Brand owners that use color to distinguish themselves from their competitors should consider seeking U.S. federal protection. There are, however, several issues brand owners must consider to be successful in securing this protection, as highlighted in a study conducted by the Non-Traditional Marks Committee—U.S. Color Marks Task Force during the 2020‒2021 Committee Term.