DPN 6/06: Use of colour in design applications
Published 4 January 2008
© Crown copyright 2008
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This publication is available at https://www.gov.uk/government/publications/designs-practice-notice-606/dpn-606-colour-in-design-applications
1. Background
Recital 11 of the European Directive 98/71/EC reads:
Whereas protection is conferred by way of registration upon the right holder for those design features of a product, in whole or in part, which are shown visibly in an application and made available to the public by way of publication or consultation of the relevant file.
This means that applicants must show in their application, the exact design that they intend to rely on to protect their claim. All of the design features should be visible in the publication and/or on inspection of the official file. It is therefore imperative that applicants cover all aspects of the new design in their application, to ensure that their rights are enforceable in any legal dispute.
Colour is specifically mentioned as a design feature within the new meaning of the term ‘design’ in Section 1(1) of the amended 1949 Registered Designs Act. It is important for applicants therefore to decide at the time of making an application whether or not colour is an element of the rights being claimed.
2. Colour as part of the application
If an application is filed in monochrome, then it will be assumed by the examiner that colour is not intended to form a part of the application. Statements on the representations to say that the design is intended to cover different colour variations will therefore not add anything to the scope of the application.
If an application is filed in colour, and the applicant does not intend for colour to constitute a part of the design, then Rule 6A may be used to indicate on the representations that colour does not form any part of the design.
3. Applications consisting of colour alone
Although Section 1(2) lists colour as a design feature, a single colour per se (that’s a block of colour on its own without being applied to a product) is unlikely to be considered by the examiner as fulfilling the definition of a design under Section 1(2) of the Registered Designs Act 1949 (as amended). But registration may be possible if such an application contains more than one colour. Where a single colour is being applied to a known product the applicant will be requested to list the pantone number applicable to that colour.
Any enquiries about this notice should be addressed to:
Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom