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Claiming of colors in trademark registration applications

On April 5, 2021, the modifications introduced in section of the First Chapter of Title X of the Sole Circular of the Superintendency of Industry and Commerce came into effect, in application of Resolution No. 59671 of September 25, 2020.

One of these modifications affects the way in which trademarks were usually requested before the office, since previously it was not necessary to specify the colors that made up the claimed logos, except in the case of expressly aiming at protecting a specific color.

With this regulatory change, it is now necessary to provide a color label on the registration form, indicating in the box provided for this purpose the name of the color or colors claimed. When applying for a combined, figurative or 3D trademark, it must be expressly indicated whether the color or colors of the trademark are claimed, and if so, indicate the color or colors claimed by name.

To claim the color, it is sufficient to use the common name of the color, such as "blue" or "green", and should not include descriptive adjectives such as "marine" or "dark". International reference codes such as Pantone, Focoltone or RGB can also be used.

Finally, in case of not wanting to claim the colors contained in the trademark, the registration application must include a representation in black and white or in grayscale.



Portrait of Lola Kandelaft, LL.M.
Lola Kandelaft, LL.M.
Associate Director