The UK Trade Marks Registry has announced that it is going to apply the Libertel criteria for the graphic representation of color merchandise marks to applications to register color every bit applied to defined surface areas. This practise amendment comes fifty-fifty though the comments inward Libertel were express to applications to register colours inward the abstract. As of yesterday, marks consisting of color alone
♦may non only hold out provided every bit color samples on paper;
♦may hold out presented every bit a written description of the color together amongst the relevant code from an internationally recognised color identification system;
♦may hold out presented past times other way that run across the Sieckmann criteria of beingness clear, precise, self-contained, easily accessible, intelligible, durable in addition to objective.
Colours tin laissez passer on the sack hold out submitted past times e-filing or past times fax, although inward the latter illustration a description inward words volition hold out necessary in addition to it is security to every bit good lift to an internationally recognised color code.
welcomes this advisory detect but wonders why the Registry has confined its guidance only to colours every bit applied to a defined surface area. If an application to register a color which lacks such a defined surface area is refused on the footing that it falls exterior the range of this notice, applicants should think that Trade Marks Registry advisory notices are non the same every bit statute law: they are in that place to ensure consistent handling of applications past times unlike examiners in addition to to allow applicants know how to procedure their applications, non to define the absolute grounds upon which an application is refused.
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