3.3 Colour limitation

Section 19(2) of the Act states that trade marks filed in black and white or in colour, where no colour limitation is stated, are not limited as to colour. Where an application for a series mark is filed, no colour limitation¹⁶ will be required by the Commissioner.

However, where an applicant chooses to limit the trade mark as to colour, the applicant will be required to supply a description acceptable to the Commissioner pursuant to regulation 44(h) of the Regulations.

Where the Commissioner considers the trade mark is sufficiently distinctive on its own, the wording of such a colour limitation will be standardised as in these examples:

The mark is limited to the colours red, blue and white, as shown in the representation attached to the application.

The second and third marks in the series are limited to the colours blue, red and green, as shown in the representation attached to the application.

Where colour adds to the distinctiveness of a trade mark, allowing a mark to be eligible for registration which would otherwise not be eligible under section 18 of the Act, or to overcome a citation under section 25 of the Act, the Commissioner will request that a colour limitation be entered using a widely known and readily available colour standard such as the colour indexing scheme of the Pantone® colour system.

The wording of such a colour limitation will be standardised as in these examples:

The mark is limited to the colours red (Pantone ® 1234), blue (Pantone ® 5678) and white, as shown in the representation attached to the application.

The second and third marks in the series are limited to the colours blue (Pantone 123), red (Pantone 456) and green (Pantone 789), as shown in the representation attached to the application.

Where a mark limited as to colour contains black or white, but the limitation does not specify those colours, the Office will add these to the colour limitation.

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