Commercial registration of distinct color formulations (OKLCH/Pantone) for goods/services, checked by utilitarian and aesthetic functionality gates.
In Qualitex Co. v. Jacobson Products Co. (1995), the Supreme Court ruled that color alone may serve as a protectable trademark under the Lanham Act if it develops secondary meaning in the minds of consumers. However, registration is strictly barred by the functionality doctrine: if a color serves a utilitarian purpose (e.g., thermal absorption, high visibility) or puts competitors at a significant non-reputational aesthetic disadvantage, it cannot be trademarked.
