BP has been trying since 2002 to get its shade of green
(Pantone 348C to be precise) registered as a trade mark in
Australia. The Trade Marks Office has just knocked it back again.
Which begs the question – when can you register a colour as a
trade mark?
It may seem a bit weird, but trade mark registration is indeed
available for more than just words and logos – shapes,
smells, sounds, movements and, yes, colours can also be registered.
A trade mark is a symbol distinguishing a particular business or
its product, and that can include all sorts of
"things".
Of course, things other than words or pictures are much harder
to register, simply because it's a lot more difficult for them
to attain the necessary distinctiveness. But it's possible. For
example, the windscreen company O'Brien has had its annoying
jingle "Oh-Oh-Oh-O'Brien" registered as a sound mark.
The classic Coke bottle outline is registered as a shape mark, as
is the Toblerone triangle-shaped box.
