Guidelines for color claiming

24 January, 2025
color claiming in colombia

In January 2025, the Superintendency of Industry and Commerce issued a Resolution that introduces certain modifications to the process of claiming colors as distinctive elements of trademarks. This regulation complements the provisions established in 2021.

Among the new provisions is the requirement that if an applicant wishes to claim colors using recognized international systems, such as Pantone, Focoltone, or RGB, they must choose a single system and may not combine different systems.

Additionally, if the label includes a white background, it will be assumed that this color is not intended to be claimed, unless explicitly stated, but if the label has a background of another color, it must be claimed.

Thus, at the time of filing a trademark application, it is important to bear in mind the following:

  • If you wish to protect colors as a distinctive feature of the trademark, this must be indicated in the application, attaching a color label and detailing the claimed colors. Otherwise, a black-and-white label must be submitted.
  • While it is possible to claim colors using their name, adjectives such as “light” or “dark” may not be used.
  • If an international system is chosen, only that system may be used.
  • If the label has a white background and it is not explicitly claimed, the Office will not consider it as part of the protection. On the other hand, backgrounds of any other color must be claimed.
  • It will not be allowed to include within the label references related to the claimed colors.

These guidelines are not applicable to color trademarks, which follow other parameters.

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