How to Trademark a Color
A single color can become one of the most valuable assets a brand owns. Here is how the USPTO lets you trademark a color, and why it is harder than trademarking a name.
Free Trademark Search →Can you trademark a color?
Yes, you can trademark a color, but only after it has acquired distinctiveness in the eyes of consumers. Under U.S. law a single color is never inherently distinctive, so it cannot be registered simply because you were first to use it. Instead you must show "secondary meaning" — proof that buyers associate that exact color with your brand as a source. Trademark registration with the USPTO then protects the color as intellectual property, extending brand protection beyond your name and logo to the color itself.
What does the USPTO require to register a color?
The USPTO requires two things: the color must be non-functional, and it must have acquired distinctiveness. Non-functional means the color cannot give a practical or competitive advantage — for example, orange for safety equipment or a color that signals a flavor cannot be monopolized. Acquired distinctiveness is usually shown with evidence such as years of exclusive use, advertising spend, sales figures, and consumer surveys. Because of this evidence burden, color applications are often filed on the "use in commerce" basis rather than intent to use.
Which class do you file a color mark in, and how?
You file a color mark in the International Class of the product it appears on — Class 3 for cosmetics, Class 25 for apparel, Class 9 for electronics, and so on. The application must include a color claim, a written description of where the color appears on the goods, and a drawing showing the color in place. Step by step: run a clearance search, confirm the product class, gather your secondary-meaning evidence, prepare the color drawing and description, then file with the USPTO. Secure Mark USA prepares color-mark applications from $99 plus the $350-per-class government fee.
Own your brand color
Secure Mark USA files your color trademark with the USPTO — correct class, proper color claim, from $99 plus the government fee.
Start Your RegistrationKey takeaways
- A single color is never inherently distinctive and needs proof of secondary meaning to register.
- The color must be non-functional — it cannot give a competitive or practical advantage.
- File the color mark in the International Class of the product it appears on (e.g., Class 3 or 25).
- The application needs a color claim, a written description, and a drawing showing the color.
- Secure Mark USA files color trademarks from $99 plus the $350-per-class USPTO fee.
Frequently asked questions
Can I trademark a color for my brand?
Yes, once the color has acquired distinctiveness (secondary meaning) and is non-functional. A single color cannot be registered based on first use alone — you must prove consumers link the color to your brand.
Why is trademarking a color so difficult?
Because U.S. law treats a single color as never inherently distinctive. You must submit evidence such as long exclusive use, advertising, and surveys to prove secondary meaning before the USPTO will register it.
What does "functional" mean for a color trademark?
A color is functional if it provides a real advantage — like signaling safety, indicating a flavor, or improving performance. Functional colors cannot be trademarked because that would harm competition.
How much does it cost to trademark a color?
Filing through Secure Mark USA starts from $99 plus the $350-per-class USPTO fee, with each additional class adding another $350 government fee.
Is Secure Mark USA a law firm?
No. Secure Mark USA is a USPTO trademark filing service, not a law firm, and does not provide legal advice. U.S.-domiciled applicants are not required to use an attorney to file.
Helpful resources
Trademark Registration · Free Trademark Search · USPTO Trademark Classes · Trademark Registration Cost · Trademark Monitoring
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Start with a free search, then let Secure Mark USA handle the USPTO color-mark filing from $99 plus the government fee.
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