Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995) (U.S. Supreme Court)
Qualitex Co. v.
Does the Lanham Act permit registration and protection of a trademark that consists solely of a single color used on a product, provided the color has acquired secondary meaning and is nonfunctional?
Under the Lanham Act, "any word, name, symbol, or device, or any combination thereof" that is used to identify and distinguish a party's goods and to indicate their source may serve as a trademark, so long as it is not functional. A single color can qualify as a trademark if (1) the color has acquired distinctiveness (secondary meaning) in the relevant market, and (2) the color is nonfunctional—that is, it is not essential to the use or purpose of the article, does not affect its cost or quality, and its exclusive appropriation would not put competitors at a significant non-reputation-related disadvantage.
Yes. A single color may be registered and protected as a trademark under the Lanham Act if it has acquired secondary meaning and is nonfunctional. The Supreme Court reversed the Ninth Circuit and remanded.
Qualitex confirms that nontraditional indicators—specifically, single colors—can function as trademarks, provided they have secondary meaning and are nonfunctional. The case anchors the modern approach to trade dress and unconventional marks, treating them under the same analytic framework as word and logo marks. It also sharpens the functionality limitation, including aesthetic functionality, as a critical check against granting trademark rights that would unfairly hinder competition. For law students, Qualitex is foundational to understanding the breadth of protectable subject matter under the Lanham Act and the balance between source identification and competitive need.