Colour Marks (18-Oct-2017)

Does a Trade Mark in Black and White Matter?

The rules for colour trade mark registration depend on the jurisdiction in which you intend to register your trade mark. This blog article is intended to provide some cursory guidance on positions in five different countries, namely, Australia, China, Europe, the United States and New Zealand.

 

Australia

In Australia, whether you file your trade mark application in black and white, you generally retain protection in any combination of colours you wish.

As long as the essential features of your mark remain the same, you have the right to change and use different colours without losing protection, unless a limitation is stated during registration.

China

In China, whether you file your trade mark application in black and white, you generally retain protection in any combination of colours you wish.

The European Union (EU)

The EU has recently implemented a change in their trade mark colours position. Before April 2014, the EU has a similar position to Australia, which meant if you filed a trade mark application in black and white, you would retain protection in any colour.

Under the new rule, registering your mark in black and white does not automatically mean retaining protection in all colour versions, unless the variations in colour are irrelevant.

For this reason, it is important to ensure to file your trade mark using the colour you intend to use in practice. For any pre-existing mark it is advisable that you update them to reflect actual use.

The United States (US)

The trade mark colour position in the US follows a similar approach to Australia. Whether you file your trade mark in greyscale or black and white, it will generally obtain protection in any colour.

New Zealand

The trade mark colour position in the New Zealand follows a similar approach to Australia and the US. Whether you file your trade mark in greyscale or black and white, it will generally obtain protection in any colour.

Other Jurisdictions

A table detailing the application of black and white marks in a number of other jurisdictions is detailed below.

 

Source: http://www.insidecounsel.com/2016/01/22/protection-of-colored-trade-marks-in-asia#_ftn1 *

Image Sources: https://commons.wikimedia.org/wiki/File:Harlem_Micky_Dz.jpg *