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3.4 Graphic representation
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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.
Footnote
20Practice Guideline Amendment 2007/06, Intellectual Property Office Newsletter, 1 August 2007.
3.4.2 Shape
Where an applicant seeks to register a mark that is a three-dimensional shape and has only filed a representation of the shape of the mark, the applicant will be required to file a written description that distinguishes the mark from a two-dimensional trade mark before the mark can be accepted.
Where the applicant is claiming other features appearing on the shape mark such as words or devices, the written description should include a claim on any such words or devices appearing on the mark. For example, the following descriptions would be acceptable:
1. Where only the shape is being claimed:
2. Where the shape and a device appearing on the shape, are being claimed:
3. Where the shape and words appearing on the shape, are being claimed:
4. Where the shape, a device and words appearing on the shape, are being claimed:
