28 February, 2025

New rules for the claiming of colour in Trademarks in Colombia under Decision 122 of 2025

Decision 122 of 2025 updates the rules for claiming colour in trademarks, establishing straightforward requirements for registration and reducing unnecessary procedures at the Colombian Trademark Office.

The Colombian Trademark Office has published Decision 122 of 2025, modifying the rules for claiming colour in trademark applications. This update seeks to simplify the process and reduce the official requirements related to the use of colour as a distinctive element.

Major changes in colour claims

From January 07, 2025, new trademark applications will have to comply with the following requirements in relation to colour:

  1. Black and white labels: if no colour is claimed, the mark must be filed along with its black and white label.
  2. Full colour protection: if you wish to claim colour, you must explicitly indicate each colour of the mark (e.g. yellow, blue, red, etc.), without using terms such as “dark” or “light”.
  3. All colours must be indicated: claiming only some of the colours on the label is not allowed; all colours must be mentioned.
  4. Use of colour identification systems: if an internationally recognised system (e.g., Pantone, RGB, Focoltone) is used, choose only one code and specify the exact code, e.g. “Pantone 6083c”.
  5. The white background and its protection: if the label has a white background and this colour is not claimed, it will be understood that it is not protected.

Impact of Decision 122 of 2025

With this update, the Colombian Trademark Office aims to make the registration process more efficient, reducing unnecessary office actions. In addition, it provides straightforward guidelines on how colour should be indicated in trademark applications, avoiding ambiguities that may affect the protection granted.

For trademark applications submitted before January 07, 2025, the rules in force at the time of submission shall continue to apply.

Conclusion

The correct colour claim in a trademark application is key to ensuring effective protection. With Decision 122 of 2025, the Colombian Trademark Office introduces changes that streamline procedures and establish straightforward guidelines for applicants.

If your company is in the process for registering a trademark and you need advice on how to apply these new rules, at H&A we can help you. We have a team of industrial property experts ready to guide you through every step of the process – contact us now to find out how we can assist you!

Lawyer. Director of the Colombia Office.