Colour it Mine: Protecting Colour Trademarks in Canada

Trademark laws in Canada will soon be changing, and among the changes will be an expanded definition of “trademark”, which will now include the possibility of protecting colour per se as a trademark (as opposed to colour applied to a product having a particular shape). Rights owners seeking to protect colours as trademarks in Canada may benefit from the new regime.

There are some catches to the new Canadian trademark laws, however, and important lessons to be learned from the experience of “colour” trademark owners in other jurisdictions, including, for example, the recent tribulations of Christian Louboutin’s famous “red” soles trademark in Europe.