Does It Matter Whether You File a Black-and-White or Color Specimen?

There is a substantive difference: a black-and-white specimen claims no color, so after registration the mark may be used in any color combination; a color specimen (with claimed colors) limits the scope of the trademark right to the filed colors, actual use should match the registered colors, and changing colors may constitute non-standard use.

Comparison of the Two Approaches

• Black-and-white specimen: protects the mark's constituent elements (wording and graphics) without color limitation, offering the greatest flexibility in use; it is the first choice of most applicants.
• Color specimen: protects the mark in a specific color combination. Where color is an important part of brand identity (such as a logo in specific colors), a color filing can strengthen the distinctiveness of that color combination, but subsequent use must match the registered colors.

Impact on Examination

Color itself affects the similarity assessment. If a color-claimed mark has the same constituent elements as another's prior mark but differs noticeably in color, the color difference may serve as one distinguishing factor during examination, though it does not automatically rule out similarity.

Use Compliance Risk

Article 49 of the Trademark Law provides that altering a registered trademark on one's own may lead to an order to correct within a time limit, or even cancellation. Long-term use of a color-registered mark in different colors carries the risk of being deemed an unauthorized alteration of the registered trademark.

Practical Advice

1. For the main brand, file a black-and-white specimen first to obtain maximum flexibility in use.
2. If the brand colors are established and distinctive, file the color version separately to form combined protection.
3. In the "trademark description" field of the application form, truthfully state whether colors are claimed.

If you are facing the issues above, you can first run a self-service registration check on MyTMBee to confirm feasibility before deciding whether to file, avoiding wasted official fees from blind filings.