Colour Claims: PANTONE
Publication Date: 2010-12-22
Where an applicant claims colour(s) as a feature of the trademark, pursuant to Rule 28(1) of the Trade-marks Regulations the said colour(s) shall be described.
Where the colour claim is for a colour not found in Rule 28 of the Trademarks Regulations, the Registrar may require the applicant to include a clear description and may wish to reference a colour system for each colour(s) claimed. Should the name of the colour system be the subject of a registered mark, the name of the colour system must be set out in uppercase letters and must include the statement that the name of the colour system is a registered trademark. The following would be an example of an acceptable description: “the colour turquoise (PANTONE 15-5519)* is claimed as a feature of the mark. *PANTONE is a registered trademark”.
A reference to a colour system alone (i.e. PANTONE 32) is not acceptable. The applicant must include both a description of the colour that is claimed and make reference to the colour system. While the Office does not endorse or recommend any one colour identification system, any colour system used should be easy to identify and reproduce by the general public.
When the applicant does not make reference to a colour system, he must provide a clear description of the colour(s) that is/are claimed as feature of the trademark. For example, a claim to the colour "magenta" would be acceptable however, "greyish green" or "purplish blue" would not be acceptable as neither the Office nor third parties would be able to accurately assess the colour(s) being claimed.
This practice notice is intended to provide guidance on current Trademarks Office practice and interpretation of relevant legislation. However, in the event of any inconsistency between this notice and the applicable legislation, the legislation must be followed.
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