The short answer
Under Section 7 of the Trademarks Act, 2009 a mark can be limited to a colour, and if no colour is specified it covers all colours. For the widest protection, file in black and white, or file a colour logo without a colour claim. Claim colour only when it is essential to your brand.
Colour claim or not?
| Filing type | Scope |
|---|---|
| Colour logo, no claim | All colour variations |
| Black and white | All colour variations |
| Colour claimed | Only the claimed colours |
No claim
Broader, flexible
Freedom to change packaging colours, and infringement action is possible whatever the colour.
Claim
Narrower, exact
Worth it only if a specific colour is central, such as Tiffany Blue or Coca-Cola red.
Practical points
- Do not claim colour unless it is essential to recognition
- The official fee is the same with or without a claim
- A colour claim cannot be added after registration; you would need a new application
Colour claim questions
Should I file in black and white or colour?
Black and white, or colour without a claim, gives broader protection.
Does a colour claim cost extra?
No. The difference is scope, not cost.
Can I add a colour claim later?
No. File a new application.
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