Colour trade marks in Australia

A colour trade mark protects a colour or colour combination used as a brand identifier. These marks are rare, difficult, and usually require strong evidence.

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What is a colour trade mark?

A colour trade mark protects a colour or combination of colours used to distinguish your goods or services. It is not the same as registering a logo that happens to use colour.

Single colours and simple colour combinations are difficult because many traders need to use colour in ordinary ways. The question is whether the colour points to one business in the minds of customers.

Examples

A distinctive colour used consistently across packaging, advertising, and retail presentation
A colour combination that operates as a brand cue independent of the logo or words
A colour applied to a specific part of a product or package in a consistent way

When to use a colour trade mark

The colour is a core brand asset

A colour filing is only worth considering where the colour itself has become closely associated with the brand, not just where the brand has a colour palette.

Competitors are copying your colour cues

If lookalike products are using similar colour presentation to create confusion, a colour strategy may be part of a broader enforcement plan.

You have strong use evidence

Colour marks often need evidence of consistent, long-term use and consumer recognition. Without that, the filing can be difficult.

How to register a colour trade mark

Define the colour precisely

The application should identify the colour or colour combination clearly, often with a recognised colour reference and a description of how it is used.

Assess distinctiveness

We consider whether the colour is ordinary in the industry, functional, decorative, or genuinely source-identifying.

Prepare evidence if needed

Evidence may include sales, advertising, packaging history, market recognition, and examples showing consistent colour use.

File with a narrow strategy

Colour applications usually need careful scope. A precise, commercially realistic filing is stronger than an overbroad claim.

Common pitfalls

Treating a brand palette as a trade mark

Using colours in your style guide does not automatically mean the colours function as trade marks. Customers must recognise the colour as identifying your business.

Choosing colours competitors need

Ordinary colours, colours that describe a product feature, or colours commonly used in the category are difficult to monopolise.

No consistent use

If the colour changes across products, campaigns, or packaging, it is harder to show that one colour functions as a badge of origin.

Forgetting international differences

Colour mark practice varies by country. If you need overseas protection, the colour strategy should be checked before filing.

Cost and timeline

Filing a colour trade mark costs the same as any standard trade mark application. Our online filing tool starts from $799 for one class, including government fees and GST, with additional classes at $689 each. For complex situations, our lawyer-led service provides a fixed-fee quote. The process typically takes 7 to 8 months from filing to registration if no objections or oppositions arise.

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Frequently asked questions

Can I trade mark a colour in Australia?

Yes, but colour marks are difficult. You need to show that the colour or colour combination distinguishes your goods or services, rather than being decorative, functional, or commonly used.

Is a colour logo the same as a colour trade mark?

No. A logo filed in colour protects the logo design. A colour trade mark protects the colour itself, usually in a defined context. The second is much harder.

How much does it cost to register a colour trade mark?

Through our online filing service, filing a colour trade mark starts from $799 for one class, including government fees and GST. Each additional class is $689. For complex applications, our lawyer-led trade mark application service provides a fixed-fee quote before work starts.

Will I need evidence for a colour mark?

Often, yes. Single-colour marks and simple combinations commonly need evidence that consumers associate the colour with your business.

Should a new business file a colour trade mark?

Usually not as a first filing. New businesses are normally better served by registering the brand name and logo first, then considering colour protection once the colour has built recognition.