19 Relevance of colour to distinctive character of trade mark


In determining the distinctive character of a trade mark, the Commissioner or the court, as the case may be, must consider whether or not the trade mark is, or is to be, limited in whole or in part to 1 or more specified colours.


A trade mark that is, or is to be, registered without limitation of colour is, or will be, registered for all colours.

Compare: 1953 No 66 s 25