Black-and-White or Greyscale Trademark Applications: When Is It Worth Protecting Your Logo This Way?
When a business considers filing a trademark application, one of the first questions is how to file the logo: in colour, black-and-white, or even in greyscale. Many believe that if a trademark is registered in black-and-white, the protection automatically covers all colour variations – but this is no longer entirely the case. European practice has become harmonised in recent years, and it’s important to understand the current rules.
Why Does This Question Arise?
Companies often use their logos in multiple colours: it may appear blue on a website, black on business cards, and gold on marketing materials. It is also common for a company’s brand identity to evolve over time, leading to changes in the logo’s colours. This raises a logical question: does an earlier trademark registration provide sufficient protection, or is a new filing required?
Oppositions and Disputes
In opposition proceedings, the authorities examine whether a newly filed trademark is identical or similar to an earlier registered one.
According to the common EU practice:
An earlier black-and-white trademark and its coloured version are not automatically considered identical.
Identity can only be established if the colour differences are so negligible that the average consumer would only notice them when comparing the two side by side.
This distinction is important because:
If a company registered its logo in black-and-white, and another applicant later files the same logo in color, the two versions may not be regarded as identical.
In such cases, the authority might only find them similar, meaning the opponent must also prove a likelihood of confusion to succeed.
Both the EUIPO (European Union Intellectual Property Office) and the HIPO (Hungarian Intellectual Property Office) apply this interpretation. The approach is therefore harmonised across the EU, supporting legal certainty.
Practical takeaway: If the colour of your logo is part of its distinctiveness, a black-and-white filing alone may not be sufficient. In an opposition against a coloured version, your legal position could be weaker if only the black-and-white version is registered.
Genuine Use
The good news for businesses is that colour differences alone do not affect the distinctiveness of a trademark, provided the textual and graphic elements remain the same and colour is not one of the main distinctive elements.
This means that a trademark registered in black-and-white can generally be used in colour in practice – and vice versa – and such use will normally qualify as genuine use.
When Is a Black-and-White or Greyscale Filing Recommended?
If the main distinctive elements of the logo (such as text, shape, or symbols) are more important than its colours.
If the business intends to use the logo in various colours and does not wish to file separate applications for each version.
If the logo’s colour may change over time, and flexibility is desired.
When Might a Color Filing Be Better?
If colour is the brand’s key distinctive element (e.g. Coca-Cola red, Tiffany blue).
If consumers primarily recognise the brand by its colour.
If colour itself is part of the brand identity and legal protection of the colour is the goal.
Practical Tips
In many cases, it is worth combining: filing the logo both in black-and-white and in colour to achieve greater flexibility.
For both Hungarian and EU trademark applications, the same principles apply, since both follow the harmonised EU practice.
If a logo is used in several colour variations, carefully consider which version represents the “core of the brand” and adapt the filing strategy accordingly.
Conclusion
Filing a black-and-white or greyscale trademark can be a good option for businesses that want flexibility in using their logo in different colour, or that prefer not to file separate applications for each colour version. However, for full protection of a specific colour, a colour trademark filing may still be necessary – especially if colour is a key element of the brand.