Don’t be lulled into a false sense of security when forming a brand, just because ‘everyone else’ is using the same descriptive terms. What’s important here?
You will be familiar with the well-known energy drink cans from Red Bull in their typical blue/silver colour. It was Red Bull’s intention to achieve a super monopoly for this particular colour combination. Its aim was that blue/silver would be monopolised and the monopoly would cover the whole area of any shape of can and packaging of its energy drinks. Hence, Red Bull’s lawyers registered two marks for the combination of colours per se. However, the protection of colours as a brand proved not to be that simple.