A lot of people call us to ask about whether the colour of their trade mark is important.

Simply put, you gain registered rights for the trademark that is filed.i.e. in black and white. If you file in a specific colour combination your registered rights will be in that mark in those colours.

However, your infringement rights extend to similar marks so protection may extend to other colour combinations. This really depends on the mark, the goods and/or services and the impact the colours may have.

There are no hard and fast rules as each application is considered on its own facts. If in doubt check with a trademark expert the Trademarkroom offers a free initial advice line.