Monopoly on a color? It is possible, but not without reason

Claiming a color as exclusive property? It may sound strange, but it is actually possible. KLM, for example, has a color trademark for its iconic light blue. But why can Albert Heijn and Oral-B use their own light blue shades without any problems? And why should an airline like Ryanair or Lufthansa be careful?

I consulted my colleague Lotte Leek for the answers because she has dealt with this issue more often.

A color trademark is a registered trademark specifically for a particular color. Like a company name or logo, a color can be a distinctive element consumers immediately associate with a specific brand.

The key to obtaining and maintaining a color trademark lies in the acquired distinctiveness and the products and services it is registered for. KLM's light blue is registered as a trademark of aviation services, while Oral-B and Albert Heijn use a similar shade for dental care and supermarkets. Because these products and services are not comparable and therefore do not create a risk of confusion among consumers, there is no infringement. However, if an aviation competitor, such as Ryanair or Lufthansa, were to use a similar color, it could be a legal problem.

Marco Coolen, photo © Bart van Overbeeke

Why are color trademarks so rare?

Monopolizing a color is a very serious matter, which is why color trademarks are rarely granted. In the Benelux, there are only about 25 registered color trademarks, and in the entire EU, there are about 300. The reason? A color trademark is only granted once the color has become 'established' among the public.

This means that consumers must immediately associate the color with a specific brand. Take Milka: a lilac wrapper around a chocolate bar? Everyone knows immediately that it is Milka. Thanks to years of intensive use and marketing campaigns, Milka has been able to claim an EU color trademark for chocolate.

Retaining a color trademark is not a given

Even if a company has been granted a color trademark, it does not mean that it will retain it forever. When a third party challenges the color trademark, companies must be able to demonstrate that their color is well known and actively used.

A good example of this is T-Mobile. The telecom company had a magenta color trademark in the Benelux for many years but lost it in 2023 because it could not sufficiently demonstrate that the color was known throughout the Benelux. Their EU trademark is also under pressure, and a decision on the validity of their European color trademark registration will be made soon.

What does this mean for entrepreneurs?

A color trademark is irrelevant for most companies, but it can be a powerful tool for large brands with a strong visual identity. It protects a unique brand image and prevents competitors from using a similar color within the same sector.

Do you want to apply for a color trademark? Then you must demonstrate that your color has been inextricably linked to your brand for years and that consumers recognize it immediately. Only then do you stand a chance of registration.

Claiming a color as a brand is possible, but indeed not easy. As the brand owner, you must demonstrate that your color is inextricably linked to your identity and widely recognized by consumers. Even then, it remains a challenge to maintain the brand. Because, as is the case with innovation, the following applies: You must continue to invest to protect your position.