Singapore registry specifies conditions for colour mark registration
The Intellectual Property Office of Singapore (IPOS) has issued new practice directions regarding trademarks that (i) consist of colours only, and (ii) include colours as a component.
Applicants have to provide a full description of the colours applied for where the mark consists of colours only. However, the IPOS does not suggest that any particular categorization system, such as Pantone, be used to identify the colours. The examiner will grant registration if he or she is satisfied that the colours per se are capable of distinguishing the applicant's goods or services from those of others.
Where colours are a component of a trademark, the mark (including the colours) will be examined as a whole. If taken as a whole, it is capable of distinguishing the applicant's goods or services, it will be registered (in the colours mentioned in the application only), regardless of whether the colours constitute a distinctive feature of that mark.
Ai-Leen Lim & Edward A Madden, Colin Ng & Partners, Hong Kong
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