Whether you may change colors depends on the representation submitted at registration: a trademark registered with a black-and-white representation may be used in any color combination; a trademark registered in designated colors (a color representation) should in principle be used in the registered colors — changing colors at will carries risk.
The Difference Between the Two Registration Approaches
- Black-and-white representation registration: deemed to claim no color; the scope of protection covers any color combination. In actual use, a color change is usually still recognized as use of the same trademark, and is also credited in a non-use cancellation defense.
- Color (designated color) registration: the scope of protection is limited to that specific color combination. Long-term use of colors completely different from the registered colors may be found to be an unauthorized alteration of the registered trademark, leading to a rectification order under Article 49 of the Trademark Law; in non-use cancellation proceedings, evidence of use in altered colors may also be rejected.
Color Changes Can Also Create Infringement Risk
If the recolored mark is visually similar as a whole to another party's earlier registered trademark, it may fall within that party's exclusive right and constitute infringement under Article 57 of the Trademark Law. Color is one of the important factors in trademark similarity analysis.
Practical Recommendations
- For new applications, prefer filing a black-and-white representation to obtain maximum color flexibility;
- If the brand VI has a fixed standard color, register a color representation as a supplement at the same time;
- If a registered color trademark genuinely needs long-term use of a new color scheme, file a separate application in the new colors rather than simply replacing it in use;
- When changing packaging colors, update the trademark archive in parallel and retain evidence of use of each version.
If you encounter a similar situation, we recommend first consulting a registered agency at MyTMBee to assess whether a trademark change filing is needed before deciding on the next step.