3.4.1 Colour marks

Where an applicant seeks to register a colour or colours as a trade mark²⁰, and has only filed a representation of the colour(s) of the mark, the applicant will be required to file a description of the colour(s) using a widely known and readily available colour standard (such as the colour indexing scheme of the Pantone ® colour system) before the application can be accepted.

The description of the trade mark should also include information on how the colour(s) are being used, or are to be used, in relation to their goods or services. The wording of a colour mark will be standardised as in these examples:

The mark is the colour blue (…), as shown in the representation attached to the application, applied to the exterior surface of the goods.

The trade mark is the colours green (Pantone ® 1234) and blue (Pantone ® 5678) as shown in the representation attached to the application, as applied to the exterior surface of the goods.

Alternatively, where an applicant seeks to register a colour or colours as a trade mark, and has only filed a description of the colour(s) using a widely known and readily available colour standard (such as the colour indexing scheme of the Pantone ® colour system), the applicant will be required to file a representation of the colour(s) of the mark before the application can be accepted.

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