Registration of a Logo in Colour or Black & White?

Trademarking of Logo

Registering the business name or brand name is a major step in a business development of an entrepreneur. One of the main doubt the trademark applicants are asking whether they should register their logo in colour or black and white. The major concern is that if the registration of logo is done with in one colour, will it prevent them from expressing the logo in other colours across branding process.

Colour Logo or Black and White Logo?

Before filing a Logo Trademark or a Logo Composite Mark or Device mark , you have to decide whether you are claiming the colour of the trademark or not. If colour is not claimed, it is advisable to file a black-and-white drawing of the mark. however, you can use the mark in any colours.

Being the subject of trademark is of international importance, we have to analyse the developments in this regard in across globe.

Register Black and White and use any Colour..!

The key consideration in any Logo trademark is the ‘overall impression’ of the trademark. As far as the colour is concerned, the important rule is that, if the changes to the trademark vary the impression the mark creates, it may fall outside the scope of trade mark protection. 

For instance, just changing the yellow colour from Flipkart trade mark doesn’t remove its overall impression. We would still recognise the 'f' on a shopping bag in any colour. For this reason, it is common for trademark applicants to register their trade mark in black and white or grayscale and then use the required colour scheme to maintain consistency of the brand strategy.

If you are very particular about the colour of the logo, then you must file a colour version of the mark and the colours used for trademark in actual usage should exactly match with those colours stated in the mark applied for.

In case of new Logo Trademark applications, we recommend to file an application with black and white (grey scale picture).

Separate applications for Word mark and Device mark

In case your trademark includes both wording and stylistic elements, it is advisable to file two separate trademark applications; one as a Word mark and the other as a Device mark. These two applications need not necessarily be filed at the same time.  You can choose to register one version of the mark before applying for the other.

Uppercase or Lowercase letters in Name

Use of UPPERCASE / Lowercase doesn’t really matter  in a trademark application. However, trademark applications for word marks are generally filed in capital letters regardless the use of upper/lower case in the Name.