Can I Use Different Colour Combinations After Applying Logo as a TM Application? 

Introduction

When it comes to protecting your brand identity, every detail matters, including the colours in your logo. Many business owners are curious if they can change the logo colour after a trademark application in India without affecting their rights. The answer is not as straightforward as a simple yes or no; it depends on how you filed your application and what changes you plan to make.

How Colour Affects Trademark Protection in India ?

When you file a trademark application for your logo in India through the IP India portal, you provide a graphic representation of the mark. This visual is central to how the trademark is protected.

• Colour-Specific Filing: If you file your logo in specific colours, protection is limited to that exact design and colour combination.

• Black-and-White Filing: A black-and-white logo generally protects the design regardless of colours used in practice, giving you flexibility to alter colour schemes later.

Example:
If you register your logo in red and gold, and later start using blue and silver, the protection for the new colours is not guaranteed unless the logo was originally filed in black and white.

Consequences of Changing Colours Following Trademark Application 

Changing your logo’s colour after submitting a TM application in India can have several legal and commercial consequences:

1. Reduced Legal Protection  

Using a different colour could mean that your updated version isn’t covered by the original registration if the application was filed in a particular colour. This makes it harder to enforce your rights against infringers.

2. Risk of Trademark Opposition or Cancellation  

If a competitor notices you are using a different-coluored logo than the one registered, they might challenge your use, arguing that it is not the same mark that was filed.

3. Reputation & Brand Consistency Issues  

Trademark law aside, changing brand colours can confuse customers, dilute brand recognition, and weaken market presence.

4. Possible Need for Refiling  

If the new colour scheme significantly changes the mark’s appearance, you may need to file a fresh application to protect the updated version.

What the Law Says ?

The Trade Marks Act, 1999 and related rules require the trademark application to include a clear representation of the mark. If colour is claimed as a distinctive feature, that specific colour combination is protected.

As per Rule 26 of the Trade Marks Rules, 2017:

• If you wish to claim colours, you must file the mark exactly in those colours.

• If no colour is claimed, the trademark is deemed registered for all colours.

This means:

• Filed with colour claim: Protection only for that exact colour combination.

• Filed without colour claim: Broader protection for design in any colour.

Scenarios to Understand the Impact of Colour Changes  

Best Practices to Avoid Issues  

If you haven’t filed yet:

•  File in black and white unless the specific colour is your brand’s key identity.

• Avoid over-detailed colour descriptions in the application.

If you’ve already filed in colour:

• Keep using the same colour scheme until registration is complete.

• If planning a rebrand, consider filing a fresh application for the new colour version.

Steps to Take if You Need to Change Logo Colour After Trademark Application in India  

Step 1: Review Your Original Filing
Check whether you claimed colours in your TM application. If not, you may already have flexibility.

Step 2: Consult a Trademark Attorney
Get a professional assessment of whether your planned colour changes affect legal protection.

Step 3: File a New Application if Needed
If the change is substantial, submit a new trademark application for the revised logo to avoid gaps in protection.

Step 4: Maintain Both Versions
In some cases, it’s strategic to keep using the original logo alongside the new one until the new version is registered.

Conclusion

While you can change logo colours after applying for a trademark in India, doing so without considering the legal implications can weaken your brand’s protection. Filing in black and white offers more flexibility, but if your logo was filed with specific colours, major changes may require a new application. To ensure your trademark rights remain secure, consult the experts at EbizFiling for hassle-free trademark filing and professional guidance.

Suggested Read :

Documents Required for Trademark Registration in India

Top Benefits of Registering a Trademark in India

Trademark Objection in India: Reasons & Process

Trademark vs Copyright vs Patent: Key Differences

Trademark Class Search in India: Importance & Guide

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