Trademark Query

[faz]

Hi,

I’m setting up a brand in a nutshell which I’d like to trademark .

We’re considering having a different colour scheme to use for different target markets (e.g. men, women etc) however our overall artwork would remain the same.

My question is can I trademark the artwork/wording & still have protection despite a variable colour scheme? or would I need to specify the colour schemes & trademark them all via individual applications???

Thanks in advance for your help

 

[Deleted member 13430]

If you are looking at filing a UK Trade Mark Application, you can file a so-called series application. Series applications can cover up to six marks which do not differ to a significant degree under one application, and series applications are often to register different colour versions of the same mark. However, after the second version you get charged an extra fee for every extra colour version of the mark.

What I would suggest you file the application covering the mark in simple black & white which is generally viewed as protecting the mark in any colour and then add a mark in the 'main' colour. After that up to you whether you add colour versions. However if the colour variations significantly alter the look of each mark the UKIPO may object they do not form a series, but you can delete versions if you wish.

If you want further advice PM me. Maybe of help:-

http://www.hgf.com/trademarks_service/

All the best.