According to research by attorneys Withers & Rogers, colour is the strongest visual element of a brand.

The survey found that 64% of respondents rated colour more important to a brand than the slogan, typeface or logo shape.

The yellow and black of the AA logo was recognised by 98%, Easy Jet’s distinctive orange colour by 93% and the Cadbury’s purple and BP’s green by 88% of respondents.  

A Withers & Rogers partner said: ‘Despite the prominence that marketers place on the colour of a brand, it is rarely registered for trade mark protection.’

The brands that scored highly in the survey are among those that have trademarked their colours. Easy Jet, Cadbury and BP have all trademarked their distinctive colours. 

Cadbury in particular are very protective of their signature colour and has trademarked it in over 20 countries. In Australia, it has been locked in a legal dispute for more than 5 years with the Australian confectioner Darrell Lea over its rights to the colour.

Easy Jet ran into trouble with Orange, when it entered the mobile phone market in 2004 and assumed it could use its trademarked colour on branding in the sector. Orange claimed the use of the similar colour and logo would cause confusion among its customers and damage the business.

Brands can register other sensory attributes for trademark protection, including sounds and smells.