A color can function as a trademark to distinguish one’s products from those of others in the marketplace. Under certain circumstances, colors can be protected as registered trademarks. An example registered color mark is TMA810294 for Christian Louboutin’s red soles for women’s high-heel shoes. Generally speaking, a color mark can be registered in connection with certain goods and/or services if the color mark has become distinctive, i.e. that the mark has acquired secondary meaning as a source identifier, at the filing date. In a recent interview with Artisan Distillers Canada, George Kondor, Q.C., a partner of Oyen Wiggs, explains color marks in the context of blue gin. The interview can be found here.
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