Trade Marks Act 2002

Registrability of trade marks - Absolute grounds for not registering trade mark - Registrability of non-distinctive trade marks

19: Relevance of colour to distinctive character of trade mark

You could also call this:

"How colour affects whether a trade mark is unique"

When someone wants to register a trade mark, the colour of the trade mark can be important. The person who decides if a trade mark can be registered (called the Commissioner) or a court will look at whether the trade mark is only allowed to use certain colours or not.

If you want to register a trade mark and you don't say anything about what colours it can use, then your trade mark will be registered for all colours. This means you can use any colour you want for your trade mark.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164464.


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18: Non-distinctive trade mark not registrable, or

"You can't register a name or sign as a trade mark if it doesn't stand out"


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20: Trade mark that contains geographical indication must not be registered in certain circumstances, or

"You can't register a trade mark that uses a special place name if it might confuse people"

Part 2Registrability of trade marks
Absolute grounds for not registering trade mark: Registrability of non-distinctive trade marks

19Relevance of colour to distinctive character of trade mark

  1. In determining the distinctive character of a trade mark, the Commissioner or the court, as the case may be, must consider whether or not the trade mark is, or is to be, limited in whole or in part to 1 or more specified colours.

  2. A trade mark that is, or is to be, registered without limitation of colour is, or will be, registered for all colours.