Should You Claim Colour as a Feature of Your Trademark

A picture speaks a thousand words.

This phrase is not limited to photographs, but visuals including brand trademarks. Designs can play a vital role in differentiating your goods and services from others and can affect a customer’s purchase decision. Aside from the shape and structure of the design, an important factor that can make a brand identifier stand out is the colour. How many times have you found it difficult to recognize Google’s or Microsoft’s logo? Never, right?

Colour can signify a message and become an inherent part of a brand’s mark after a long period of use. Given the importance of colour in establishing brand recognition, many brand owners have sought protection for this aspect of a trademark. But, should you always claim colour as a feature of your trademark? Trademark agents and lawyers in Edmonton frequently come across this question. This article will give trademark registration seekers clarity on the matter.

Claiming Colour as a Feature of the Trademark – Should You or Should You Not?

An application for trademark registration can include a claim to a particular colour or colours. Typically, colour claims limit the scope of use and protection of a registered trademark. When you apply to register a logo in Canada, you can file the logo in black and white or colour. If you file the logo in black and white, you are free to use the logo in any colour. However, if you claim protection for colours, then you can use the logo only in those specific colours. Thus, colour claim is a limitation on a registered mark, which otherwise confers the owner the exclusive right to use the mark in any colour.

Many businesses undergo a brand overhaul. There might be times when your business is expanding or diversifying, and you would want to re-design your logo or brand name. In such cases, colour claims render the registered trademark useless. Even if you decide to use the same logo with some variations, it will not be considered a use of the registered trademark. This is because the colour claims allow you to use and claim rights on the mark as it is registered. Registering a trademark without claiming colour as a feature provides wider protection to the design and shape.

This being said, it is important to register trademarks as you plan to use them. If you foresee any alterations to your trademark in the future then it may be best to not claim colour as the feature of the mark. Colour claims are usually desirable only when a particular colour differentiates you from competitors in the eyes of the public. If they are not the distinctive aspect, then including a claim to specific colours may not be warranted. Another alternative is to file two separate applications. For example, Starbucks and FedEx both had their logos protected in black and white before they claimed protection for the coloured version. This helps you safeguard your logo’s colour, while not compromising on the protection of the shape and structure.

File Trademarks with Trademark Agents or Lawyers in Edmonton

Making a decision about whether or not to claim colour in your trademark application requires considerable thought. If you have any questions, then consult our trademark agents or lawyers in Edmonton today.