recently, New Zealand Intellectual Property Office (IPONZ) The colour requirements for New Zealand colour trademark applications have been updated.

Before embarking on a review of the entire intellectual property, One thing applicants need to be aware of, A color trademark is different from a colored trademark.

To illustrate the point, The reader can try to answer a question: If you apply the colors in the image below to "Industrial oils and greases; Transmission oil; Lubricating oil; For dust absorption, Spray dust removal and adhesive dust products; Fuel (Including gasoline) And lighting substance" Class of goods on, Whether you think of specific sources?

Many consumers are quick to associate the above colors with BP gas stations. Bp has registered several colour trademarks in New Zealand, Including the above trademarks (New Zealand trademark registration number 211576) , Used for a variety of goods and services.

now, NZ "2003 Trade marks Ordinance" The first 42 article (1) paragraph (b) clause: "The following information must be included when submitting the application: ... (b) A clear illustration of the trademark... "

First of all, Use "must" and "At submission" This wording implies, If the color was not included in the initial application, It may not be corrected during the application review process. If the application does not meet the requirements, Will not be assigned an application number or application date.

Although a clear illustration of the trademark must be provided at the time of filing the application, But before the application is processed, A description of acceptable colours must be provided to the Trademark Officer. The description should also include information about how the color is or is intended to be used. The exact form may vary depending on the situation. The above BP trademark registration includes the following description:

"The logo is made up of green, Applied to the outer surface of a service station supplying the commodity, As shown in the illustration attached to the application... "

In some other cases, Take Cadbury UK LTD. 's signature purple (New Zealand trademark registration number 285611 and 285612) , The following instructions are provided:

"The logo is made of purple (Pan is of the same color 2685C) Make up, As shown in the illustration attached to the application, Mainly used in the packaging of goods. "

In the case of Cadbury UK LTD, The recognition of its color trademark goes beyond "purple" , Instead, the Pantone color system is used more specifically to identify the exact purple. The Pantone color system is widely known, New Zealand responsible Patents, trademark, Commissioners of design and new plant variety rights can use the system to acquire goods at any time／Description of service.

In addition to the need to provide a clear illustration of the trademark at the time of application, This update also addresses the issue of salience, This is also an absolute reason for not registering a trademark. Generally speaking, In the absence of heavy use, A single color trademark is not distinctive. A color combination trademark containing two or more colors does not have sufficient inherent distinctiveness, And a certain level of evidence of use is required to be accepted and registered. Certain colors are widely used in certain industries, therefore, Even if there is evidence of use, it is unlikely to be registered. however, There are no clear rules about what can or cannot be registered, Each application must be considered on a case-by-case basis on its own merits.

There are many pitfalls that can be fatal to a trademark application, Especially unconventional trademarks, Such as color label. If the applicant wishes to protect the color trademark, Contact a professional trademark attorney, For advice, Prepare and file your trademark application. (Be compiled from www. lexology. com)

TRANSLATORS: Wang Dan　proofread: Liu Peng



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