SECTION 93.36. Color in the Mark

(a) If the mark includes color, the description of the mark must claim color as a feature of the mark and include a color location statement specifying where the color(s) appear on the mark. The color(s) should be described in generic terms rather than by reference to a commercial color identification system.

(1) A properly worded color claim would read as follows: "The color(s) {name the color(s)} is/are claimed as a feature of the mark."

(2) A properly worded color location statement would read as follows: "The mark consists of {specify the color(s) and literal or design element(s) on which the color(s) appear (e.g., a red balloon with a yellow ribbon)."}

(b) When color is claimed as part of the mark, the applicant may provide either a color or a black and white drawing sheet. If a color drawing sheet is provided, the colors must match the colors as described in the color location statement.

(c) When color is claimed as part of the mark, at least one specimen per class in which registration of the mark is sought, must be in color and the location of the colors must match the colors as described in the color location statement.

Source Note: The provisions of this §93.36 adopted to be effective September 1, 2012, 37 TexReg 6287