It’s surprising to learn that a color can be trademarked. It turns out that Reese’s registered the orange background color as a trademark, something that has been right in front of us on their packaging for years. The unique shade of orange on the packaging of Reese’s peanut butter cups is like no other color.
Trademarking a color usually involves consistent and undisputed usage over a significant period, such as the green associated with John Deere. This process falls under the category of “trade dress” in trademark law, which can be perplexing even for experienced lawyers. To qualify for trademark registration, a color must be both distinctive and non-functional, overcoming any challenges to these requirements. If a color, shape, or sound is deemed “functional,” it may be denied trademark registration.
Fun Fact: The least popular colors among industry leaders, are purple, brown and pink, all contentious colors.