The Palette of Trademarks: Understanding Color Marks for Wine Producers

If you find yourself in the French city of Reims, I encourage you to visit Notre Dame de Reims.
Notre-Dame de Reims, an architectural masterpiece, is a UNESCO World Heritage Site and a quintessential example of French Gothic artistry. Known for its awe-inspiring façade, intricately sculpted portals, and magnificent stained-glass windows, this historic cathedral has played a central role in the coronation ceremonies of French monarchs throughout history.

That said, I suspect that if you find yourself in Reims, you will also want to visit some champagne houses. The champagne is great, and the tours are fascinating, especially since they take place in underground caves that were excavated by the Romans.

For wine producers, like other businesses, trademarks serve as the canvas upon which brands express their unique identities. While traditional trademarks typically consist of words, logos, or symbols, color marks offer a distinctive and visually compelling way for wine producers to distinguish their products in the marketplace. This blog post discusses color trademarks and what wine producers need to know to leverage this asset effectively.

Understanding Color Trademarks

Defining Color Marks

In a previous post, we discussed trade dress and what wineries should know. The post used the red stripe of G.H. Mumm as its primary example. The post explained the trade dress concerns product design and packaging. Further, product packaging can be inherently distinctive whereas product design is never inherently distinctive. Instead, it must acquire secondary meaning among the consuming public. That occurs when, that consumers recognize the product design as a source identifier for the brand owner. This occurs over time, often the result of extensive advertising.

Color trademarks, as the name suggests, consist of specific colors or combinations of colors that are used to identify and distinguish goods or services in the marketplace. Unlike traditional trademarks, which rely on words or symbols, color marks rely solely on color for recognition and branding. Like product design, color trademarks are never inherently distinctive (at least in the United States). See Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995).

Examples of Color Marks

Iconic examples of color trademarks include the distinctive red soles of Christian Louboutin shoes, the vibrant Tiffany Blue of Tiffany & Co. jewelry boxes, and the iconic green hue of John Deere tractors. In the wine industry, color marks can manifest as unique bottle designs, label colors, or capsule shades that serve as visual signatures for specific wine brands. On the same day that we visited G.H. Mumm, we visited Veuve Clicquot.

Within minutes of entering the champagne house, it was clear that the producer likes the color orange! The umbrella in the photo above was just the start. Of course, if you have seen a bottle of Veuve Clicquot champagne, you might remember that the label was probably orange.

Leveraging Color Marks in the Wine Industry

Building Brand Identity

For wine producers, color marks offer a powerful means of building brand identity and recognition in a crowded marketplace. By selecting distinct and memorable colors that resonate with their brand's values, aesthetics, and target audience, wine producers can create visual cues that instantly evoke their brand's identity and set their products apart from competitors.

By developing positive recognition with a particular color, customers might gravitate toward a bottle on a crowded shelf because of the recognition. The customer might not peruse the options or even read the label.

Protecting Brand Equity

Color trademarks also play a crucial role in protecting brand equity and preventing consumer confusion. By securing exclusive rights to specific colors and/or color combinations associated with their brand, wine producers can safeguard against imitation and unauthorized use by competitors, thereby preserving the integrity and reputation of their products in the marketplace.

Practical Considerations for Wine Producers

Selecting Distinctive Colors

When choosing colors for their trademarks, wine producers should aim for hues that are distinctive and non-functional. This means selecting colors that are not commonly used in the industry (e.g., white, black) or are unlikely to be associated with specific wine varietals or regions (e.g., crisp golden hues; deep red hues), ensuring maximum protection and recognition for their brand.

Conducting Trademark Searches

Before adopting a color mark, wine producers should conduct comprehensive trademark searches to ensure that the selected colors are available for use and registration. This includes evaluating existing trademarks in the wine industry and other related fields to identify potential conflicts or objections that may arise during the registration process.

Conclusion: Painting a Picture of Brand Identity

In the dynamic landscape of wine production, where every bottle tells a story of tradition, innovation, and passion, color trademarks offer a unique opportunity for wine producers to paint a vivid picture of their brand identity. By leveraging distinctive colors, building brand recognition, and protecting their intellectual property rights, wine producers can create lasting impressions and establish themselves as leaders in the global wine market. With careful planning, strategic selection of colors, and expert guidance from trademark professionals, wine producers can unlock the full potential of color marks to elevate their brands and captivate consumers worldwide.

If you would like to discuss your wine business’s colors or other branding with an experienced trademark lawyer, please schedule a consultation here.