Section 10 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 10 answers a practical question every brand owner meets: if I register my logo in red and blue, am I protected only in red and blue, or in every colour? The section has two sub-sections. Sub-section (1) lets a mark be limited to a colour combination, and says that limit counts when distinctiveness is decided. Sub-section (2) says that a mark registered without such a limit is deemed registered for all colours.
A trade mark may be limited wholly or in part to any combination of colours, and the limit must be taken into consideration by the Registrar or the High Court, as the case may be, when deciding the distinctive character of the mark (10(1)). A mark registered without limitation of colour is deemed to be registered for all colours (10(2)). So the choice you make at filing decides how wide your protection is as to colour.
Section 10(1): limiting a mark to colours
The sub-section says a trade mark "may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the having to decide on the distinctive character of the trade mark."
Before the Tribunals Reforms Act, 2021 this read "tribunal". Section 21(b) of that Act substituted the words "Registrar or the High Court, as the case may be," for "tribunal". The reader of the current text therefore sees the Registrar (at examination) or the High Court (where the question is before it) as the decision-maker.
If you are about to file and are unsure how to describe your logo, a trademark registration adviser can help you decide whether to claim colour at all.
Parts of the sub-section
| Part | Meaning |
|---|---|
| "may be limited" | The applicant or proprietor chooses; it is not forced |
| "wholly or in part" | The whole mark can be tied to colours, or only part of it |
| "any combination of colours" | A single colour or a set of colours; the text speaks of any combination |
| "taken into consideration" | The limit is a factor in the distinctiveness decision |
| Decision-maker | The Registrar or the High Court, as the case may be |
Why colour matters to distinctiveness
Under section 9(1) a mark devoid of distinctive character cannot be registered. The definition of "mark" in 2(1)(m) includes a combination of colours, so colour can itself be part of what makes a mark distinctive. Section 10(1) tells the decision-maker to weigh a colour limitation when it asks whether the mark can distinguish your goods or services from others'.
Example. A bakery applies for a logo of a loaf in orange and brown, limited to those colours. The Registrar, assessing distinctive character, considers the mark as limited to that orange-and-brown combination. A bakery that files the same loaf outline without a colour limit is judged on the outline alone, and would be treated as registered for all colours.
Section 10(2): no limitation means all colours
"So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours."
This is the second half of the choice.
| Filing choice | Effect under section 10 |
|---|---|
| Mark limited to a colour combination | The limit is considered on distinctiveness; the registration is tied to that combination |
| Mark registered without limitation of colour | Deemed registered for all colours |
The practical consequences
- Width of protection. A black-and-white logo filed without a colour limit is deemed registered for all colours, so a change of colour scheme does not take you outside the registration.
- Narrowness of a colour claim. If you tie the mark to a colour combination, the registration is tied to that combination, so a rival using the same shape in a different palette may be arguing from outside it. The Act's text on this is the limit itself; how it plays out in infringement is for the later articles on sections 28 and 29.
- Distinctiveness. Where the mark's strength lies in its colours, a limitation may help it pass the distinctiveness test; where the mark is distinctive on its own lines or words, a colour limit may be unnecessary.
How section 10 connects to other provisions
| Provision | Link |
|---|---|
| 2(1)(m) "mark" | Includes a combination of colours |
| 2(1)(zb) "trade mark" | May include shape of goods, packaging and combination of colours |
| 9(1)(a) | Devoid of distinctive character |
| 15(3)(d) | Trade marks differing only in colour may be registered as a series in one registration (see section 15) |
| 59 | Alteration of a registered mark, covered later |
Section 15(3)(d) is useful if you use the same mark in several colourways. It lets marks that resemble each other but differ in colour be registered as a series in one registration, subject to the conditions in section 15.
Planning your filing
- Decide whether colour is central. If it is, a colour limitation records it; if not, filing in black and white without a limit gives the wider position under 10(2).
- Keep the filing consistent with use. The mark you show in the application is the mark considered.
- Think about future rebrands. A limitation to specific colours can later need an alteration; the Act has a separate section on altering a registered mark.
- Ask about the series route if you run several colour versions.
For logos in particular, see how to register a logo. The forms and fees are in the Trade Marks Rules, 2017; this article states no fee.
Need help with a colour mark or logo?
Choosing between a colour-limited filing and a black-and-white filing affects how wide your protection is. Our trademark registration team can look at your logo and recommend how to describe it in the application.
Key takeaways
- A trade mark may be limited wholly or partly to any combination of colours (10(1)).
- The limit is taken into consideration when the Registrar or High Court decides the mark's distinctive character.
- A mark registered without limitation of colour is deemed registered for all colours (10(2)).
- "Tribunal" was replaced by "Registrar or the High Court, as the case may be" by the Tribunals Reforms Act, 2021.
- A combination of colours is part of the definition of "mark" (2(1)(m)).
- Marks differing only in colour can be registered as a series under section 15(3)(d).
Read next
- Section 9: absolute grounds for refusal of registration
- Section 11: relative grounds for refusal of registration
- Section 15: registration of parts of marks and series marks
- Trademark for a logo: how to register a logo in India
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.