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Colour trademark
12.29.2021

Colour trademark
We can see all kinds of trademarks in our daily lives. Each trademark represents an idea with a unique meaning that the other company wants to deliver. However, you may ask: why some trademarks are in black and white, and some are in coloured? Today, we are going to discuss the issue of colour of trademarks.

Colour of a trademark is of considerable significance in trademark application since the colour of trademark also represents the “distinctiveness” of the product. When we juxtapose two identical trademarks, one of them being coloured and the other being black and white, we can easily identify the coloured trademark and have a greater impression. Therefore, colour of trademark is also an important issue in examination process. We can add all kinds of colours to our trademark in order to differentiate our trademark from the others. In this way, we can prevent our trademark registration from being denied on the ground of indistinctiveness or being required to prove that the colour represents a certain idea in order to obtain the official authorisation.

Despite the advantages of colour trademarks, there is a certain degree of practical restriction. For instance, if the trademark in the process of application is yellow and red in colour, only these two colours can be used in the trademark upon successful registration. The reason for this is because the examiners regard the colours of yellow and red as part of the distinctive features of the trademark. If other colours are added, your trademark will be taken as being in accurately used, and it is likely that you cannot prove the actual usage in the event of dispute.

In conclusion, although colour trademarks have various advantages, trademark owners must accurately apply that colours in practical use. Therefore, it is better to consult a professional agency for colour trademark registration and practical application. We are knowledgeable and experienced in the area of colour trademarks. Should you have any enquiries about colour trademark or whether you should register colour trademark or black and white trademark, please contact us. We can provide more appropriate advice to you for better and broader protection of your trademark.

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Benny Kong & Tsai, Solicitors

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