The short answer
A colour alone generally belongs to the public domain. An abstract colour mark may be possible particularly where acquired distinctiveness is established: the public must understand the colour as identifying a particular business for the offerings claimed. Choosing a rare shade or a Pantone code is not enough.
Distinguish the colour itself from a coloured logo
An abstract colour mark seeks protection for the colour independently of a particular logo. A coloured figurative sign concerns its specific design. First decide whether customers are meant to recognise the wording, the symbol or actually the colour as an indication of commercial origin.
A new business can use its brand colour consistently without already meeting the requirements for a colour mark. Consider whether a distinctive name or characteristic logo offers a more practical initial application. That decision does not prevent a later reassessment of the colour itself.
Sources: IPI: Trademark types and colour claims · Trade Mark Protection Act: Article 2
Recognition must relate to the colour
A claim of acquired distinctiveness depends on the relevant Swiss public, the goods claimed and actual perception. General awareness of the business is not automatically recognition of its colour as a trademark. High advertising expenditure alone does not answer that question either.
Collect dated packaging, campaigns, distribution information and any existing evidence of customer perception. Separate materials dominated by a word logo from presentations where the colour functions independently. Whether the evidence is sufficient must be assessed in the particular procedure; a fixed number of years in business guarantees no outcome.
Sources: IPI: Trade Mark Guidelines 2026
Define the shade and intended use precisely
The colour must be identifiable through an internationally recognised colour standard. A screen photograph or a vague description such as 'our green' is not a reliable shared reference. Record the authoritative colour value and check that print and digital suppliers actually follow the same specification.
Describe the particular goods or services too. A colour mark would not mean ownership of the colour across every industry or decorative use. Before filing, the protection requirements, evidence and intended scope should be evaluated together rather than treated as unrelated paperwork.
Sources: IPI: Trademark types and colour claims · IPI: Trade Mark Guidelines 2026
What you can do now
- Separate the abstract colour from the actual logo.
- Document the colour standard and real uses.
- Assess evidence of recognition in the relevant market.
Frequently asked questions
Do I own a colour because I chose it first?
No. Your own design decision creates no general colour monopoly. Colours are generally available to other market participants; an exception requires a sound legal basis.
Is one year of consistent advertising enough?
There is no automatic success after a fixed advertising period. The requirements for acquired distinctiveness and appropriate evidence matter, rather than the time or budget alone.
Sources: Trade Mark Protection Act: Article 2 · IPI: Trade Mark Guidelines 2026