Black & White Vs Colour Trademarks
July 27, 2025
Let’s imagine a scenario.
A designer named Arun launches a premium natural skincare brand called “Glowroot.” His logo features an elegant tree with glowing yellow roots against a dark green background. The design quickly gains popularity for its earthy, premium appeal. Customers begin recognizing the brand not just by the name, but by its soothing colour palette that stands out on store shelves and social media.
Arun, eager to protect his brand, files a trademark application in black and white, assuming it will cover all versions. Business grows. Glowroot becomes a known name.
One year later, a competitor launches a similar herbal skincare brand using the same tree symbol, same layout, but in a completely different colour scheme, light green and brown. Arun sues for infringement, only to hear the competitor’s legal team say:
“The trademark is different in colour, and your registration doesn’t cover this combination.”
The court agrees. Arun’s black-and-white registration protects the structure, but not the specific colour identity that customers associate with Glowroot. His visual brand is left exposed because of a filing decision he thought was just a formality.
This story is imaginary, but the consequences are very real.
Trademark Colours Are Not Just Design Elements. They Are Legal Rights
In India, trademark protection depends not only on what you create but also on how you file. Colour plays a critical role in consumer perception and legal enforcement.
Under the Trade Marks Act, 1999, you can register:
A black and white version, which claims no specific colour
A colour version, which legally protects the specific colours used in the mark
Each approach has distinct implications.
Black & White Trademark Registration in India
When you file your trademark in black and white, you are claiming protection only over the design, not the colours.
Advantages:
Can be used in any colour
Gives broad protection for the layout and structure
Limitations:
Does not protect specific colour schemes
Difficult to enforce if a competitor copies the structure but uses different colours
Colour Trademark Registration in India
A colour trademark is filed exactly how it is used in the market, along with a claim stating the colours as part of the mark.
Advantages:
Gives strong protection over your visual brand identity
Easier to enforce against competitors using confusingly similar colours
Limitations:
Less flexibility if you change colours later
Protection applies only to the claimed colour combination
Legal Basis and Global View
The Paris Convention, to which India is a signatory, allows minor variations in trademark use. However, Indian courts evaluate this based on whether the change alters the distinctive character.
Section 47 of the Trade Marks Act allows cancellation of a mark not used in the form in which it was registered. If you file a colour mark but only use black and white, you may risk cancellation unless you have also filed the black-and-white version.
Why Dual Registration Is the Safest Strategy
By registering both versions, you secure:
Structural rights through black and white
Visual identity rights through colour
Greater flexibility in enforcement
Better protection against non-use challenges
In an evolving market with unpredictable infringements, this dual-layer approach strengthens your brand’s legal foundation.
Final Thoughts
Your trademark is more than a legal document. It is the face of your brand, the trust your customers see, and the identity that sets you apart.
Do not leave it unprotected. At IP Master, we help brands:
Register black-and-white versions for flexibility
Register colour versions for brand-specific identity
This comprehensive approach ensures that your mark is protected in both form and feel, regardless of how the competition evolves.
Protect What You’ve Built. File It Right with IP Master
Whether you’re a new entrepreneur or an established brand, your trademark deserves more than a checkbox. It deserves a clear strategy.
Talk to IP Master today and build the protection your brand needs for tomorrow.
Author: Siju Rajan
Registered Trademark agent
WhatsApp: +91 7012431293