Should I Register My Trade Mark in Black and White or Colour?

A trade mark is used to distinguish your goods and services from those of another business. You may register a business name, a logo, a tag-line, or anything you use to identify your brand.

Whether you should register your logo in black and white of colour varies from country to country.

Although IP Australia will allow broad protection no matter what colour you file your logo trade mark, unless you think  the colour of your trade mark is the essential feature of it, we will generally recommend that you file your logo trade mark in black and white.

Why should you register your logo trade mark in Black and White?

The main benefit of obtaining registration of your trade mark in black and white is if you decide to change your colour combination during the lifetime of the registration, you will not necessarily need to file a new trade mark application for the new colour combination to be protected.

Another benefit of obtaining protection in black and white would be if you ever need to enforce your intellectual property rights and allege trade mark infringement against another person or business, where a black and white registration is likely to deny the infringing party the ability to try put forward a defence based on differences in colours.

It’s also important to remember that the overall impression of a logo trade mark is essential. Therefore, if during the lifetime of the registration, changes are made to the logo which change the overall impression of the logo, then it may be necessary to file a new trade mark application to ensure your logo is adequately protected and not vulnerable to removal for non-use and for enforcement, should that be required. At the end of the day, this is what it is all about. Having a registered trade mark that will be able to stop others from infringing your hard earned intellectual property.

International

Unfortunately, there’s no universal answer to the question of whether to file in black and white or colour.

When considering how to file your logo marks internationally, it’s important to consider how the mark will actually be used as your trade mark may be vulnerable to removal for non-use if you don’t use it as it is registered. And again, you may not be able to enforce it.

New Zealand, Canada and the United States are largely in line with Australia’s position that if you file in black and white, you will receive protection of the trade mark in any colour.

In the United Kingdom (UK), European Union (EU) and many Asian countries, registration of a trade mark in black and white will not automatically protect the mark in any colour combination unfortunately.

In order to obtain comprehensive protection of your logo trade marks in other countries, you may wish to consider obtaining trade mark registration of the mark in black and white and in the colour it will be used.

Whether filing in Australia, only, or whether considering international protection of your mark, the team at Progressive Legal will be able to provide guidance on whether you should file your logo mark in black and white or colour.

Find out more by contact our team of trade mark attorneys and trade mark lawyers today.

Our experienced team has between them registered thousands of trade marks in Australia, New Zealand and around the world.

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