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.
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.
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.
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.
|
Scenario |
Filing Method |
Post-Application Colour Change |
Legal Impact |
|
Logo filed in black & white |
No colour claim |
Any colour can be used later |
Protected for all colours |
|
Logo filed in blue & yellow |
Colour claimed |
Changed to green & red |
New version may not be protected |
|
Logo filed in multiple shades |
Colour claimed |
Minor shade variation |
May still be protected if the overall impression remains the same |
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.
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.
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.
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You can only do so if your trademark was filed in black and white without a specific colour claim. A black-and-white filing gives broader protection for any future colour variations.
Yes. If you claim specific colours in your application, your trademark protection is limited to that exact colour combination, and changing it could require a new application.
Minor variations in shades are generally acceptable as long as the overall appearance of the logo remains the same. Major alterations could lead to weakened protection or disputes.
It is best to maintain the same version of your logo until your trademark registration is completed. Changing the colour during the process may cause inconsistencies or delays.
Yes, you can apply for multiple versions of your logo with different colours. This approach ensures each version has its own legal protection under trademark law.
It usually takes around 12–18 months, depending on the trademark office’s workload, any objections raised, or oppositions filed by third parties.
Yes. Filing in black and white offers the flexibility to use your logo in any colour without filing additional applications, making it the most adaptable choice.
You cannot substantially alter a registered trademark’s design or colour after filing. If you make major changes, you will need to file a new application for the updated version.
It may not completely void your trademark, but it can make enforcement harder if your registration claimed specific colours that you are no longer using.
If you plan to change your logo’s colour significantly, file a new trademark application for the updated design while continuing to use the registered version until the new one is approved.
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