Finding, choosing and creating a logo is a difficult and sometimes time-consuming procedure that requires many different people from various backgrounds coming to terms as regards the core theme and the main story that a logo will convey. This story comprises of many diverse essential parts such as the meaning, the size and the content, to name a few.
Colour is often overlooked and without being given the proper thought as to how it fits in with the story. Below, we explore some of the most frequently asked questions regarding the colour component.
How should one consider the colour component?
Colour is not something incidental. Colour is a distinct component of the whole trademark itself. It is a component that confers distinctiveness, just as using different font for wording or using a figurative component.
Is colour important?
This is subjective. It will almost certainly depend on the kind of trademark one wishes to submit and the way one intends to use it. A prime example is Mastercard as shown below:
Mastercard's TM is as simple as can be, thus elevating the colour component as an essential part of the TM's whole story. The colours yellow, red, orange and black are claimed for this reason. The general public has attached these colours with Mastercard's two simple circles. It is important to note that, most jurisdictions, just as EU, will take the logo as submitted. Therefore, making use of the TM in another colour than that submitted will not connote to actual use of the TM. However, this will only be relevant in the event that proof of actual use is requested in opposition proceedings.
What if one wishes to use the logo in different colours?
It is advisable to register the logo in as many different versions as the colours one wishes to use. Usually, two different registrations are made, one in the actual colours of the logo and one in black and white. In addition, if the logo contains wording it is advisable that the wording is registered as a different TM.
Therefore, one must always bear in mind the significance attached to colour.
Originally Published by Michael Kyprianou, March 2021
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.