What is the difference between trademarks in black/white and trademarks in color? How should applicants choose when registering?
date: 2024-02-27 Jane Cai Source: 北京康信知识产权代理有限责任公司 Read by:

Trademarks in black/white and that in color are two common forms of registered trademarks.  Applicants often have certain doubts when considering how to choose colors. “What is the difference between trademarks in black/white and trademarks in color?”, “What are the advantages of registering trademarks in black/white or trademarks in color?”, “How should we choose to protect our own brand more reasonably?”


Difference between trademarks in black/white and trademarks in color


The difference between registering a trademark in black/white and a trademark in color

Trademarks in black and white not only mean trademarks presented in black/white, but also include gray.

Trademarks in color, as the name implies, is a trademark with color.


The difference in the use of a trademark in black/white and a trademark in color

The biggest advantage of trademarks in black/white compared to trademarks in color is the greater “freedom” in the subsequent use process.  Applicants can flexibly change the colors of the trademarks according to their own needs in different occasions.


However, if we claimed color protection during applications for registration, trademarks must maintain the same colors as those specified in the registration certificate during use.  This is because Article 49 of the Trademark Law clearly stipulates that “Where, in using a registered trademark, the trademark registrant changes the registered trademark, the name or address of the registrant, or any other registered matter without approval, the local administrative department for industry and commerce shall order the registrant to make correction within a prescribed time limit; and if the registrant fails to do so within the time limit, the Trademark Office shall cancel the registered trademark.”  Once the applicant changes the color of a registered trademark without authorization, not only will it not be protected by law, but it may also lead to the revocation of the trademark by the Trademark Office.


How to choose between them

Trademarks in black/white are usually more concise and clear, and are more suitable for the pure word trademarks.  They are also easier to recognize and remember, such as international renowned brands like “Dior”, “Armani”, “Prada” , “Fendi”, “Chanel” and so on.


Trademarks in color have a stronger color expression and can more intuitively convey brand image and product characteristics, so they are more suitable for some industries such as catering, food, toys, and lubricants, etc..  In specific occasions, trademarks in color will also attract consumers' attention more.  Examples of brands include 1.png and so on.  At the same time, if the trademark form is relatively simple and is a little bit weak in distinctiveness, the applicant can also consider registering a trademark in color to highlight the visual effect and improve the degree of distinctiveness of the trademark, such as 微信图片_20240227102238.png


We believe that when applicants choose to register a trademark in black/white or a trademark in color, they need to consider the following factors comprehensively:


1.   Brand Image

When choosing a trademark, the applicant first needs to consider their brand image and positioning.  If the applicant wants to convey a fashionable and lively image, a trademark in color may be more suitable; if the applicant wants to emphasize a stable and professional image, then a trademark in black/white may be more appropriate.


2.   Industry Characteristics

Different industries have different requirements for the form of trademarks.  Some creative and design industries may prefer trademarks in color, as they can better showcase the brand's creativity and personality; while some financial and legal industries may prefer trademarks in black/white, as they are more stable and professional.


3.   Target Consumer

The applicant also needs to consider their target consumer, as different consumer groups have different preferences for trademark forms.  Young people prefer bright colors and vibrant patterns, so trademarks in color may be more popular for brands targeting the younger demographic.  On the other hand, high-end, mature brands may prefer to use trademarks in black/white.


In conclusion, trademarks in black/white and that in color each have their own unique characteristics and advantages.  When choosing a trademark forms, applicants need to consider various factors to ensure that the trademark can effectively convey the brand's concept and values.


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