You don’t always need to claim colour when filing your trademark.
Yes, you heard me right.😅
I know that sounds strange at first, because most people assume that claiming colour makes their mark stronger, but in practice, it can actually limit you.
Section 16 of the Trade Marks Act allows an applicant to limit protection of their logo to a colour. Once you claim a particular colour, your mark is protected only in those colours. That becomes the scope of your registration. If you don’t claim any colour, then the presumption is that your mark is protected in all colours.
Now, let me be clear about something, because this is where people get confused.
This does not mean you can go ahead and file a trademark just for a colour on its own. Colours are non conventional marks and they are generally not registrable in Nigeria as standalone trademarks.
What Section 16 is talking about is colour as a feature of an already registrable mark, not colour by itself.
Now, back to the practical side of this.
The advantage of claiming colour is that it helps you protect a very specific brand identity, especially where colour is a key distinguishing feature of your mark. But the downside is that you are narrowing your protection, because if someone uses a similar mark in a different colour, it may be harder to establish infringement.
On the other hand, if you leave colour unclaimed, your protection is broader and more flexible, and that makes it easier to challenge similar marks regardless of colour variation, but you lose that precision tied to a specific colour identity.
So when someone comes up with something very similar to your mark but just changes the colour slightly, you may struggle to argue infringement if you claimed colour, but you would be in a stronger position if you didn’t.
And this is where I usually have to slow clients down a bit. Because a lot of people want to lock in their brand, especially when they are attached to a particular colour, but they don’t realise they are also narrowing their protection at the same time.
And the thing is, brands don’t stay the same. Colours change, and now your registration is stuck in a version of your brand that you might not even be using fully anymore. So you’ve restricted yourself without even realising it
I’m curious though, how do others approach this, especially in practice? Do you prefer claiming colour as a feature, or leaving the mark unclaimed for broader protection?