The ability to protect colour has always been an intellectual
property topic of conversation with colour trade marks differing
from the colour of a brand. While a TM or ® symbol may appear
on an image of a brand, it does not necessary indicate that there
are legal rights in and to the colour(s).
Colours can function as indicators of source and, over time,
many colours acquire distinctiveness. When thinking of the
colour purple in relation to chocolates, Cadbury easily comes to
mind. Or the colour combination of red and white in relation to
soft drinks invokes an image of a cold Coca Cola. In light of this,
it is easy to see how brands can benefit from trade mark protection
for distinctive colour(s). However, protecting such distinctive
colours is, in no manner, an easy task as can be seen from
contrasting decisions of the "Chinese red" (Pantone
18‑1663TP) used by Christian Louboutin on the soles of its
shoes.
