The reason most companies trademark their brand’s colour is to protect themselves within their given business sector. For example, competitors in the telecommunications industry cannot use the exact magenta that Germany’s T-Mobile has trademarked. This insures that a company’s unique colour continues to be an integral part of a strategic brand expression.
SLAW, Canada’s online legal magazine, recently commented on the subject saying, “The question of colour trade-marks is still relatively new in Canada, but will likely gain more prominence in the next few years, as more companies seek to protect distinctive colours which form part of marketing efforts. While courts may still be somewhat reluctant to grant colour trade-marks, perhaps upcoming amendments to the law will change this view.”
Beauty may be in the eye of the beholder. But now, some colours are in the hands of the trademark holder.