Color Claim in Trademark Registration in Bangladesh – Complete Guide
What Is a Color Claim?
In trademark registration, a color claim is when the applicant specifies that their trademark is protected in a particular color or a set of colors.
- In case of a color logo, if you do not claim any color, the mark is treated as filed in black-and-white, and it usually provides broader protection.
- If you claim a color, protection will be limited only to the claimed shade(s).
📌 Legal Basis in Bangladesh
According to Section 7 of the Trademarks Act, 2009:
- Section 7(1): A trademark may be limited to a specific color, and this limitation will be considered by the Tribunal.
- Section 7(2): If no color is specified, the registration is deemed to cover all colors.
👉 In practice:
- No color claim = Wider protection across all color variations.
- Color claimed = Limited protection only in the specified shade(s).
Which Filing Is Better in Bangladesh?
The choice depends on your brand strategy and how important color is to your identity.
✅ Advantages of Black-and-White Filing or Color Logo Without Claiming Color
- Broader protection → Covers all color variations.
- Flexibility → Freedom to use different colors in packaging and marketing.
- Stronger enforcement → Infringement action possible regardless of color.
- Tip: Even if you submit a colored logo, you should not claim color unless it is essential.
🔒 When to Claim Color?
You should only claim color if:
- A specific color is central to your brand identity (e.g., Tiffany Blue®, Coca-Cola Red).
- You want exclusive rights to that exact color.
- Your logo’s distinctiveness depends on its color.
❌ When Not to Claim Color?
Avoid claiming color if:
- You want the widest scope of protection.
- The design or shape itself is distinctive enough.
- You want flexibility for future branding changes.
🛡️ Scope of Protection (Comparison Table)
| Filing Type | Scope of Protection |
|---|---|
| Color Logo Filing Without Claim | Protects in all color variations ✅ |
| Black-and-White Filing | Protects in all color variations ✅ |
| Color Claimed Filing | Protects only in the claimed color(s) 🔒 |
📄 Practical Tip for Applicants in Bangladesh
- For maximum protection, file your trademark in black-and-white or submit a color logo without claiming color.
- Claim color only when it is absolutely essential for brand distinctiveness and consumer recognition.
Frequently Asked Questions (FAQ)
Q1: Should I file my trademark in black-and-white or color in Bangladesh?
👉 Filing in black-and-white or submitting a color logo without claiming color gives broader protection. Claim color only if it is central to your brand identity.
Q2: Does claiming color cost extra in Bangladesh?
👉 No, the official filing fee remains the same. The difference is in the scope of protection, not in cost.
Q3: What happens if I don’t claim any color?
👉 Your trademark is protected in all color variations, making enforcement stronger and more flexible.
Q4: Can I later add or change a color claim?
👉 No. Once registered, you cannot alter the mark to add a color claim. You would need to file a new application.
Q5: What’s the best practical approach?
👉 File in black-and-white or without a color claim for maximum flexibility, unless your brand’s recognition is tied to a specific color.
