Should I attach a black-and-white or coloured representation of the trade mark to the application form?
The decision to apply for a trade mark in black-and-white or coloured version lies with the applicant of the trade mark. You may wish to know that if your mark is registered, your mark will be protected as filed. You may also consider filing for a series of coloured and black-and-white marks if the marks constitute a series.
To qualify as a series of trade marks, the following requirements must be satisfied:
(a) Each mark in the series must resemble each of the others in the series in their material particulars, that is, the main features in each of the trade mark must be essentially the same.
(b) The differences between the marks must comprise only matters which, when considered as a separate element of the mark, be non-distinctive in nature.
(c) The differences between the trade marks must not comprise matters which in the context of the trade mark as a whole, substantially affect the identity of the trade marks.
You may refer to Chapter 8 of our Trade Marks Work Manual for a more comprehensive understanding of a series of marks.
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