Can Colours and Stripes Be a Trademark in China? Colour Combination Marks and the Evidence They Need
On 19 October 2026, 7-Eleven dropped its US trademark lawsuit against Nike. Its claim was not about a name or a logo but about orange, green and red stripes on a sneaker, combined with a release date of 7/11 (news). The case ended without a ruling, but it raises a question brand owners often ask: can a set of colours or stripes be protected as a trademark? In China the answer is yes, but the bar is higher than for words and logos. This guide covers the legal basis, the evidence that decides most cases, and how to file. It is general information; CNIPA's current examination practice and the facts of each case decide the outcome.
The legal basis
- Colour combinations are registrable: Article 8 of the Trademark Law lists words, devices, letters, numerals, three-dimensional signs, colour combinations and sounds, and combinations of them, as signs that can be registered.
- A single colour is not listed: in the Christian Louboutin red sole case, the Supreme People's Court accepted that a single colour applied to a specified position can be filed as a trademark. Whether it is registered still depends on distinctiveness.
- The application must say so: under Article 13 of the Implementing Regulations, an application for a colour combination mark must declare it and explain how the mark is used.
Distinctiveness is the hard part
Colours are usually seen as decoration, not as a sign of where goods come from. Most colour combination marks therefore have to show acquired distinctiveness: that the relevant public in China already links these colours to your brand. Article 11 of the Trademark Law allows a sign that lacks distinctive character to be registered once it has acquired distinctiveness through use.
In 2018 the Beijing Intellectual Property Court found Andreas Stihl's orange and grey combination distinctive for chainsaws, based on long use and market recognition. Cases like this are won on evidence, not on the colours themselves.
Evidence to prepare
- How long, where and on which goods the colours have been used in China, ideally always in the same position and proportion;
- Sales, market share and advertising spend, and advertisements that feature the colours prominently;
- Media coverage, industry recognition or consumer surveys showing that the public treats the colours as a brand sign;
- Enforcement history, such as court judgments or administrative decisions against imitations of the colours.
The evidence has to come from the Chinese market. Fame and use abroad help much less.
Filing tips
- Show the mark clearly: colour blocks for the combination, or a dotted outline showing where the colours sit on the product, with colour codes and a description of use.
- Keep the goods narrow: distinctiveness is judged for specific goods. Start with the goods on which you have used the colours for a long time.
- Register your word mark and logo as well: a colour mark is slower and harder to obtain and does not replace your main marks. See what a clearance search covers.
- Functional colours do not qualify: colours dictated by the nature of the product or serving a practical purpose, such as warning colours, are very hard to register.
Before registration: unfair competition
Until a colour mark is registered, the packaging or get-up of goods that have some influence in China can be protected under the Anti-Unfair Competition Law. Using identical or similar get-up without permission in a way that causes confusion is unfair competition. You still have to prove that influence.
Frequently asked questions
Can I register a single colour, such as a particular red? A single colour is not listed in Article 8. Only position-limited single colours with strong evidence of use have been accepted in individual cases, so for most brands it is unrealistic. A colour combination is more practical.
A competitor uses similar colours but not my name. Is that infringement? If your colour combination is registered, or your get-up has some influence in China, it may be trademark infringement or unfair competition, depending on the similarity of the goods and the likelihood of confusion. The 7-Eleven case shows that colours combined with other cues, such as release timing, can be used to argue confusion.
J&C Intellectual Property Agency, founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We assess and file trademarks, including non-traditional marks, in China for foreign brands; see our trademark search service.
