Small Business Diva

March 31, 2008

What Do You Trademark?

Filed under: Small Business,Work from Home — smallbusinessdiva @ 11:38 am
Tags: , , , ,

I just read a post on the Tonic Gifts blog about how their trademark application for their logo was recently approved, prompting me to write about the topic.

Did you know that it’s not only names and logos that can be protected by trademarks, but you can also trademark things such as colours?

There has been a huge landmark case in Australia in recent years where two different chocolate companies use the same shade of purple in their marketing. One company successfully trademarked this shade as apparently, it is distinctively used by them. The other smaller company, who had also been using this shade of purple for some years, was required to change to another colour.

Trademarks can be words, images, colours, shapes, sounds or a combination of these.

Here’s to your success in small business…



  1. The internet is making it a little harder with applicatons in the US. The main reason is because it is easier for the trademark office to find prior art. I recently had one of mine tured down because someone used a term similar on wikipedia. I am going to appeal but they use the internet a lot and you can find a version of almost anything on the net now.

    LIke the idea of colors 🙂

    Have a great day.

    Comment by Mark — March 31, 2008 @ 11:47 am | Reply

  2. It’s not always a simple, straight-forward process, is it? But it can be worth it in the long run.

    Good luck with your appeal Mark.

    Comment by smallbusinessdiva — March 31, 2008 @ 11:57 am | Reply

  3. This is quite topical at easter when chocolates are the order of the day. On the Cadbury packaging it states what they have trademarked including the colour purple!

    Comment by adminbandit — March 31, 2008 @ 7:40 pm | Reply

  4. Tiffany’s department store has had their “Tiffany blue” rademarked for years now. The corporation get royalties when it is used for anything from paint colors to crayons. The robin’s egg blue color is known nationwide in the USA.

    Comment by jp — April 2, 2008 @ 4:58 am | Reply

  5. Thanks JP. I’m not familiar with Tiffany’s but you’ve got me curious now… I’m off to have a look at “Tiffany Blue” 🙂

    Comment by smallbusinessdiva — April 2, 2008 @ 8:09 am | Reply

  6. I love the Tiffany blue shade although didn’t realise it was trademarked.

    Comment by Michelle — April 3, 2008 @ 7:13 pm | Reply

  7. I’ve heard they even have their packaging trademarked – the blue box with the white ribbon!

    Comment by Melissa — April 5, 2008 @ 8:11 am | Reply

  8. Did you all see this?

    Cadbury lost a court battle against Darrell Lea about the colour purple.

    Comment by Melissa — April 12, 2008 @ 1:34 pm | Reply

  9. Yes, I saw that on the news Melissa. That’s really interesting – the Cadbury vs Darrell Lea saga has been going on for years.

    Comment by Donna-Marie — April 13, 2008 @ 12:27 pm | Reply

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