Chapter II - The Register and Conditions for Registration
Section 10
Section 10: Colour limitations on registration
A mark may be limited to a colour combination; registration without a colour limitation is deemed to cover all colours.
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Need advice on Section 10?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the Registrar or the High Court, as the case may be having to decide on the distinctive character of the trade mark.
(2) So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.
Rule and business relevance
A colour limitation is relevant when the Registrar or High Court considers distinctiveness. Read the register and application to know whether such a limitation exists.
Limits and related provisions
Registration without colour limitation does not create a monopoly in every unrelated colour or remove other limits on rights. The protected mark and applicable infringement rules still matter.
Hypothetical business example
Hypothetical example: A logo is registered without colour limitation. The business checks that status when considering a colour variant, while retaining the other registration and use requirements.
Practical decision flow
Inspect the recorded colour limitation, if any.
Assess its relevance to the mark’s distinctive character.
Distinguish colour coverage of the mark from claims to colours generally.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Inspect the recorded colour limitation, if any.
- Assess its relevance to the mark’s distinctive character.
- Distinguish colour coverage of the mark from claims to colours generally.
Avoid
- Registration without colour limitation does not create a monopoly in every unrelated colour or remove other limits on rights. The protected mark and applicable infringement rules still matter.
Glossary
- Colour limitation
- A whole or partial limitation to a combination of colours.
- All-colour registration
- The deeming rule where registration has no colour limitation.
Frequently asked questions
Can a registration be colour-limited?
Yes. The statute expressly permits it.
What if it is not colour-limited?
It is deemed registered for all colours.
Does that mean ownership of every colour separately?
No. The rule concerns the registered mark and must be read with other rights limitations.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026