A colour can be a trademark, but the bar is high and the reasoning is instructive. In the United States the door was opened by Qualitex v Jacobson en.wikipedia.org in 1995, where the Supreme Court held that a colour can serve as a mark once it has acquired secondary meaning and is not functional. In Europe Libertel en.wikipedia.org established in 2003 that a colour must be represented clearly, precisely and objectively, in practice by naming an internationally recognised code rather than pasting a swatch.
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