Federal Circuit Throws Shade on TTAB’s Treatment of Color Trademarks

Pink insulation, green tractors, robins-egg blue jewelry boxes—they all have something in common: recognizable colors that many associate with products. But can colors be registered as trademarks and, if so, when? On April 8, 2020, the United States Court of Appeals for the Federal Circuit provided welcome guidance for trademark owners and practitioners on the nuanced area of protecting trademarks consisting solely of colors.