Can You Trademark A Colour In The UK?

If you’re building a brand, colour can feel like your secret weapon.

Maybe it’s the colour you use on your packaging, your website buttons, your storefront signage, or the background behind your logo. Over time, customers start to recognise you from that colour alone.

That’s where the idea of protecting colours as trade marks comes in. But can you actually trade mark a colour in the UK? And if you can, what do you need to prove?

Below, we’ll break down how colour trade marks work in the UK, what the UK Intellectual Property Office (UKIPO) expects to see, and what small businesses should do before spending time and money on an application.

Can Colours Be Trade Marked In The UK?

Yes - colours can be trade marked in the UK in principle. UK trade mark law allows a trade mark to consist of “any sign” capable of:

• distinguishing your goods/services from other businesses; and
• being represented on the register in a clear way.

This means colour marks can be registered, but they’re often harder to register than word marks (like your brand name) or logo marks.

The main reason is practical: there are only so many colours, and lots of industries rely on colours to communicate meaning (think safety colours, “eco” colours, “sale” colours, and so on). The UKIPO is cautious about granting one business a legal monopoly over a colour unless it truly functions as a badge of origin for that business (and doesn’t unfairly limit what others in the market need to use).

So while colour trade marks exist, they tend to be the exception rather than the rule - and applications need to be handled carefully.

What “A Colour Trade Mark” Actually Means

When people say they want to “trade mark a colour”, they could mean different things, such as:

• A single colour used on goods/packaging (eg “the colour ” applied to the product);
• A colour combination (eg two colours arranged in a particular way); or
• A logo that includes colour (which is usually much easier to protect than colour alone).

A key takeaway is this: protecting a colour by itself (without a logo, shape, or wording) is the toughest route. Many small businesses get stronger protection by filing a normal word/logo trade mark first, then considering a colour mark once their brand is established.

What Makes A Colour Trade Mark Difficult To Register?

For a colour application, the UKIPO will usually focus on two big questions:

• Is the colour clearly and precisely defined?
• Does the colour actually distinguish your business?

Let’s unpack both.

1) You Need A Clear Representation (Not “Kind Of Blue”)

A trade mark needs to be recorded on the register clearly enough that other businesses can understand exactly what’s protected.

In practice, a colour application should typically:

• identify the colour using a recognised code (often a Pantone reference);
• include a description of how the colour is used (eg “applied to the whole surface of the packaging”); and
• avoid vagueness or overly broad claims.

If your description is too broad, it can be rejected because it’s not clear enough - or because it would capture too many legitimate uses by others.

2) You Must Show “Distinctiveness” (This Is The Big One)

The hardest part of getting a colour trade mark approved is distinctiveness.

Broadly, a trade mark is distinctive if consumers see it and think, “That comes from that business.”

For many colour marks, the UKIPO’s starting point is that a colour is not inherently distinctive - because colours are commonly used for decorative or descriptive purposes.

That means you may need to prove acquired distinctiveness, which is a fancy way of saying: the public has learned to associate this colour with your business over time.

3) “Keep Free” Concerns And Common Industry Use Can Block You

Even if you love your chosen colour, it may be difficult (or impossible) to register if:

• the colour is needed to achieve a particular practical effect (or is naturally linked to what the product is);
• the colour is a common industry signifier (eg it signals a particular category, feature, or meaning); or
• granting exclusivity would unfairly limit competitors from using signs they reasonably need.

This is one of those areas where a quick legal reality check can save you a lot of frustration and cost.

How To Trademark A Colour In The UK (Step-By-Step)

If you’re serious about registering a colour mark, here’s the typical process for a UKIPO application - along with the extra thinking colour marks usually require.

Step 1: Decide If A Colour-Only Trade Mark Is Actually The Right Protection

Before you apply, ask yourself:

• Is the colour the main way customers identify your brand, or is it secondary to your name/logo?
• Are you trying to protect a specific presentation (eg colour on packaging) rather than owning the colour in every context?
• Would a word/logo trade mark give you strong enough protection for now?

If you’re early-stage, a more conventional filing is often the smarter starting point. You can still build “colour recognition” over time and return to a colour application when you have evidence behind you.

Either way, the mechanics of register a trade mark are similar - what changes is the scrutiny and the evidence needed.

Step 2: Get The “Specification” Right (Your Classes And Descriptions)

Trade marks don’t protect everything under the sun - they protect your mark for specific goods and services.

This is done through trade mark “classes” and a written description called a “specification”.

Choosing the wrong classes (or describing your goods/services too narrowly or too broadly) can create real problems later - either your trade mark doesn’t protect what you actually do, or it’s vulnerable to objections.

It’s worth getting guidance on trade mark classes before you file, especially if your business sells both physical products and services (which is common for modern brands).

Step 3: Decide How You’ll Define And Describe The Colour

For colour marks, you’ll usually need:

• a precise colour reference (often Pantone);
• a clear depiction (usually a colour swatch); and
• a description of how the colour is applied (for example, to packaging, labels, or the product itself).

This is not a place to “wing it”. Small changes in wording can change the scope of your protection - and whether the UKIPO accepts it at all.

Step 4: Prepare Evidence Of Use (If You’re Relying On Acquired Distinctiveness)

If your colour mark isn’t inherently distinctive (and many aren’t), you may need to file evidence showing that customers associate the colour with your business.

Evidence could include:

• how long you’ve used the colour consistently;
• sales figures connected to colour-branded products/packaging;
• marketing spend where the colour is prominent;
• examples of advertising and promotional materials;
• press coverage referring to the colour as a brand identifier; and
• consumer surveys (in some cases).

The key is not just “we use the colour”, but “the public recognises the colour as us”.

Step 5: File The Application With UKIPO And Respond To Any Objections

After filing, your application typically goes through:

• examination (UKIPO checks legal requirements and may raise objections);
• publication (others can oppose your application); and
• registration (if it passes).

Colour marks are more likely to attract objections and/or oppositions - so you should budget time for responding and potentially negotiating.

If you need help assessing prospects, dealing with objections, or building a strategy around colour trade marks, it’s usually worth speaking with an IP lawyer early, before the application is locked in.

What Evidence Helps Prove A Colour Has Acquired Distinctiveness?

If you’re a small business, you might be thinking: “We’re not huge - do we have a shot?”

Sometimes, yes. But your evidence needs to be consistent, targeted, and credible.

Consistency Matters More Than You Think

When it comes to colour trade marks, inconsistency is your enemy.

If you’ve used five different shades across your website, packaging, and social media over the last two years, it’s harder to argue that “the colour” has become a brand identifier.

Try to show a consistent approach, such as:

• the same colour code used across packaging runs;
• a brand style guide applied to marketing materials;
• the colour being used in the same “position” (eg the full background of your label); and
• consistent use across different sales channels (online and offline).

Show The Colour As A Badge Of Origin (Not Just Decoration)

Evidence is stronger when the colour is used as a standalone identifier - for example, where customers can recognise your goods from the colour even before reading your name.

Things that can help:

• advertising that draws attention to the colour (“look for the packaging”);
• customers referring to your products by the colour in reviews or messages; and
• retail displays, product shots, or online listings where the colour is a prominent brand cue.

Be Ready To Prove It In The UK (Not Just Overseas)

If your sales are global, remember: a UK trade mark is about distinctiveness in the UK market. Evidence should focus on UK customers and UK trading activity where possible.

What If You Can’t Register A Colour? Smart Alternatives For Small Businesses

If a colour-only trade mark isn’t realistic right now, you’re not out of options.

In fact, many businesses protect their “look and feel” through a mix of IP and good commercial documentation.

1) Register Your Brand Name And Logo First

This is often the most cost-effective approach with the highest chance of success.

A strong word/logo trade mark can still help you act against copycats using confusingly similar branding - even if you don’t own the colour on its own.

2) Protect Creative Assets Through Copyright Where Applicable

Copyright won’t protect a colour by itself, but it can protect creative works like artwork, label designs, website graphics, and marketing copy.

It’s also helpful to use clear ownership clauses in your contractor arrangements so you actually own what’s being created for your brand (especially if you hire designers).

3) Use Contracts To Control How Others Use Your Brand Colours

If you have affiliates, resellers, franchisees, or collaborators, your contracts can require correct use of brand colours and brand guidelines.

For example, an IP Licence can be used to set rules around how someone can use your branding assets (including colour palettes), where they can use them, and what happens if they stop working with you.

4) Consider Passing Off (But Don’t Rely On It As Your Plan A)

Passing off can sometimes help if another business misrepresents its goods/services as being connected with yours.

But passing off claims can be expensive and evidence-heavy (you generally need to prove goodwill, misrepresentation, and damage). Trade marks are usually the cleaner enforcement route - which is why getting the right registrations in place early is so valuable.

Key Takeaways

• Colours can be trade marked in the UK, but colour-only applications are often more difficult than word or logo marks.
• Colour trade marks usually require you to show the colour is a real “badge of origin” that distinguishes your business, not just decoration.
• To apply successfully, you’ll need a clear definition of the colour (often using a recognised colour code) and a careful description of how it’s used.
• Many colour marks rely on acquired distinctiveness, meaning you may need evidence that UK consumers associate the colour with your business.
• Getting your classes and specification right is crucial - the scope of protection depends on the goods/services you select.
• If a colour mark isn’t viable yet, consider protecting your brand name and logo first, and using contracts to control brand usage as you scale.

If you’d like help protecting your brand - whether that’s trade marking a name/logo or exploring colour trade marks - you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.