The TM5 Partners have published a comparative study on color marks in the framework of the Non-Traditional Trade Mark project to help businesses understand how to protect color marks across the five largest IP markets, which together handle roughly 60% of global trademark filings.
The guide tackles 21 common filing questions in two areas. First, it clarifies how each office defines and categorizes color marks — including whether single colors are registrable, and whether color marks can be considered to be inherently distinctive. Second, it covers technical requirements such as acceptable image formats (CAD drawings vs. photographs) and restrictions on trademarking colors that serve a functional purpose (such as orange on safety vests). It also provides best-practice templates for describing color marks and guidance on when applicants need to disclaim a product’s shape when only its color is being trademarked.
The purpose of the guide is to help brand owners better understand each Partner’s trademark registration requirements for protecting a mark comprised solely of color. The document also includes links to the application forms and the Partners’ websites for further information on their guidelines.
