9599553498 9121230280

Learning

Professional Advisory Services

Soumya Bajpai
| Updated: 28 Sep, 2020 | Category: Trademark

Is Logo Trademark in India includes Colour Pattern?

Logo Trademark in India includes Colour Pattern

It is essential to have a logo trademark in India or a brand name that makes a business stand out among its competitors. A Brand name or logo registration has proved to be a profitable business in strategy. In contrast, it is possible to claim specific colours as features of a mark when filing a trademark application, as it is not required and not usually common to do so.

Usually, people prefer not to register the trademark with any specific colour as it keeps the trademark protection broad. However, if the colour is the distinct and essential feature of the logo the registration, then it must be registered with colour specifications.

Logo Trademark in India includes Colour Pattern

How to choose Logo for Trademark in India?

A logo is submitted for an application for Trademark Registration must not be nearly visually identical with form of shapes or designs. Also, it must not be similar or adopted from any other famous logos or designs which can cause ambiguity in consumers mind or create an untrue impression of connection with the said brand. Therefore, the uniquely designed logo is required for registration as well as establishing of unique identity among others in the market.

The logo can be applied with the wordmark or separately in a different application. When the application contains both Wordmark and Logo, the logo will contain only word mark within its design. In case the applicant wanted to add any tagline in the logo, the same must also be added in an applied wordmark.

This is normally seen that the Registry can ask to choose between the wordmark and the logo by an applicant in case of any dissimilarity. Therefore, to avoid such consequences, one must choose between both, a better option is to include the brand name or wordmark in the designed Logo trademark in India. Combining the Brand Name and Logo will allow making an application in a single Trademark Application online.

Read our article:An Overview on Document Required for Trademark Registration

Should the Logo Trademark in India be colouring specific?

Designing a logo and choosing a colour pattern is not related to filing an application unless it is similar to any other brands. It is important to know what colours are to be used and included in the sole discretion of the applicants. And to understand whether one can apply the logo with a colour pattern or only in black & white pattern. When a registered trademark includes different colours in the application, it means the brand owner is applying for design with such particular colours. Therefore they must provide a particular design with a colour pattern; hence, after they cannot alter colours used in the logo afterwards and has to continue using ™ or ® sign beside it. The rights become limited if only to the applied colour pattern of logo.

Colour Specifications in the Logo Trademark in India: Why and When?

In cases when colour does not create a distinct feature, it is preferred that no colour specification must be provided. The logo will be registered for all colours, which also expands the protection cover. A colour specific logo is usually not the first trademark that must be filed. It is better for the applicants filing the first trademark with a wordmark that allows the owner to use the trademark logo in any font or style.

The filing of a logo can be followed after a wordmark is filed or can also be filed simultaneously with the wordmark. Suppose the logo is registered under a specific colour or combination of certain colours. In that case, it gets registered specifically under those colours only and may cause trouble in case of litigation arises.

Most of the brands all over the world have the trademark registered under the two applications, one is in black & white and the second one is in colour. However, that can be costlier for the businesses at the initial level. The start-ups and new companies may initially just file in black and white or can apply for a logo in colour if that colour plays an essential role such as attracting the customers—the companies like Google and Apple, who initially did not claim any colour for their trademark.

Change in Logo Trademark in India

Any change in the pattern, design or shape of the logo will require an applicant to file a new application to secure the rights over the same. When it is registered in a particular shape, the rights of owners will be limited to the application filed. An application cannot pursue the rights over a logo even with a minor variation, using ™ or ® mark will be prohibited for a particular change. Therefore, while designing a logo, one must foresee the upcoming demands and trends to reduce the chances of change in a logo in future to eliminate the additional cost for filing a new application.

Example of Logo Trademark including Colour

The Trademark Registry has seen the issue where it provides that a subjective examination must be done for colour trademarks. It emphasises on the fact that for a colour which is to be registrable, have not been already registered. The main factor of registration will be that the proprietor has used the mark distinctively to educate the public with colour in a logo trademark in India.

For example: The shoe brand Christian Louboutin, this company has filed the trademark application all over the world under the single colour, i.e. Red, with a claim that its red sole has acquired a characteristic of the well-known mark after its continuous use since the year 1992. Now, the “Red Sole” has been considered as a special feature which has become the brand and now recognised all around the world by its special style.

Conclusion

In case the logo trademark registration in India is done with colour specifications. A separate new application will be required to be made to gain extended protection as a trademark cannot be changed once registered. In India, colour and colour schemes play a crucial role in distinguishing between products or services.

As India has diversity with various languages, and colour schemes become the eminent factor by which products/services are often identified. For instance: Certain brands and products that are recognised by colour such as Parachute Coconut Oil[1] is recognised by its dark blue colour bottle and the purple packaging recognises Cadbury. Considering all said above, you may please contact our CorpBiz professionals for better understanding and assistance. We shall be solely at your disposal for the same.

Read our article:What is Trade Description in Trademark Registration in India

  •  
  •  
  • 1
  •  
  • 1
  •  
  •  
  •  
    2
    Shares
Soumya Bajpai

Soumya has done LLB (Hons) and has a 2+years experience in writing. Her main interest is in reading judgments, new enactments and amendments taking around in law. She always strives to bring the best to work that she does.

Professional Advisory Services
Soumya Bajpai
Soumya Bajpai | Date: 09 Oct, 2020

Understand briefly about Timel...

In India, The Registration of Trade mark is registered by the Controller General of Patents Designs and Trademarks....

Continue Reading
Soumya Bajpai
Soumya Bajpai | Date: 01 Oct, 2020

Trademark Litigation: Its Sour...

Trademark law in India has witnessed tremendous growth in the past few years. There is increasingly aggressive enfo...

Continue Reading

Request a Call Back

Are you human? : 3 + 2 =

Transform your Business. Subscribe our Newsletter.