10. Colour Endorsements

Date Published

For series applications that differ in respect of colour, the Trade Marks Office had previously required the applicant to provide an endorsement describing the various colours that have been used on each trade mark representation. Colour endorsements written in acceptable format were provided as follows:

The (first/second/coloured etc.) trade mark in the series of trade marks is depicted in the colour(s) ......... as shown in the representation attached to the application form.

This requirement is no longer applicable to series applications.

Where a series application is filed for trade marks which differ in respect of colour, a colour endorsement will not be required. Where a colour endorsement has been included, and the endorsement is unclear as to the nature of the trade marks being claimed and is not in a format that has been previously accepted, clarification will be sought by the examiner. If the colour endorsement does not restrict or limit the use of the trade mark to particular colours, deletion or amendment may be available. If however the colour endorsement does restrict or limit the use of the trade mark to particular colours, deletion of the endorsement is not available as the removal of such an endorsement would expand the scope of the applicant’s trade mark rights (s65(7)).

Where a colour endorsement is present and does serve to restrict or limit the use of the trade mark to a particular colour or colours, an acceptable format is as follows:

The trade mark registration is limited to the colours ..... and ...... as shown in the representation of the trade mark attached to the application form.