BKIP Limited

COPYRIGHT BKIP 2019
Coloring my US trademark Dec 2019
There is no limit as to which color or type of color you may trademark. You may trademark any color you want, your brand your identity. Uncommon colors such as “reddish orange” or “aqua green” can be claimed as part of your color mark. However, there are a few tips you should be aware of.
I. DESCRIPTION OF MARK
When filing your trademark application the ‘Description of Mark’ section will require you to indicate the colors your trademark has. This is broken down into the following: 1) claim the colors which are a feature of your mark 2) name the colors 3) indicate where they appear 4) indicate how it is used on the mark.
It is also important to note that a colored mark will be considered ‘stylized wording’ as opposed to ‘standard wording.’ This distinction will have to be made on the application. Stylized wording will require an attachment of your colored mark as opposed to standard wording.
Office actions are issued for failure to submit the above information accurately. An office action is an error which will come back to you to amend. Office actions against description of a mark are easily amendable.
II. AMENDMENT OF COLOR MARK
So what happens when you have filed your trademark application but then a couple of months later decide you don’t like the colors you have selected! Can you change it?
The United States Patent Trademark Office looks at a material change verus a minor change. Material changes are NOT permissible. You would have to keep the mark as you have originally applied for it or abandon that mark and start the registration process again.
Amendment to colors is considered a material change. In addition, colors used on a certain object of your trademark such as a blue hammer but then to a blue saw is material and not permissible. Such amendment requests are denied by the examiners.
III. PROOF OF YOUR COLOR MARK
You will have to submit specimens in the form of evidence that shows you are using those colors on your trademark. Specimens will be showing how you are using your trademark in business such as your products, website, flyers, invoices etc. The specimens should be clear and not digitally altered. The colors you have claimed on your trademark must be exactly the same as on your specimen. This shows you are using your mark in commerce.
If your color trademark differs to the color trademark on your specimens, you will receive an office action requesting you to submit another specimen because of the discrepancy.
In summary, be aware of the prohibition to change the colors of a mark after filing your application. To avoid office actions submit clear colored specimens as your trademark shows and indicate the correct colors with an accurate description.