Colours can function as indicators of source, and many colours
acquire distinctiveness over time. When thinking of the
colour green in association with farm tractors, the John Deere
company may come to mind. Or seeing the colour orange linked with
home renovation goods and services may readily conjure up an image
of a local Home Depot store. When considering these examples, it is
easy to see how a brand can benefit from protection for its
distinctive colour(s) in the form of a trademark registration.
Trademark laws in Canada will soon be changing, and among these
will be an expanded definition of "trademark", which will
now include the possibility of protecting colour per se as
a trademark (as opposed to colour applied to a product having a
particular shape). Rights owners seeking to protect colours as
trademarks in Canada may therefore benefit from the new
regime.
