There is no single right answer, but for most businesses the rule is this: if color is not part of your brand's distinctive identity, you can register the logo in black and white; if color is how people recognize the brand, file in color or register both versions. The point to keep in mind is that a black-and-white registration does not automatically cover every color: the colored version may not count as "the same mark", although it may well count as a similar one.
Below you will find the scope of protection of each option, the 2014 common practice of the EU intellectual property offices, the position in Turkey, the consequences for genuine use and for filing abroad, a decision table by type of mark, and the cost of protecting both versions.
What Do Black-and-White and Color Registration Mean?
A black-and-white registration is an application in which the mark image is submitted in black and white only, without any color. A color registration is an application in which the logo is submitted in specific colors and those colors form part of the sign in the register. Protection is built on the sign exactly as the submitted mark image was entered in the register.
Industrial Property Law No. 6769 (SMK) does not expressly say whether a black-and-white application covers use in color. The question comes up in the assessment of similarity (Article 6(1)), in the use requirement (Article 9(2)(a)) and in priority rights (Article 12), and those are the three areas where the consequences of your choice are felt.
A grayscale image is a separate category
A logo containing shading, gradients or intermediate gray tones is not a black-and-white sign but a grayscale one. The European practice described below deals with grayscale marks separately and does not automatically treat them as identical to either the colored or the black-and-white version. Converting your color logo to gray on screen and uploading it can create a third category without you realizing it.
Does a Black-and-White Registration Cover All Colors?
Not automatically, but in practice it provides sufficient protection in most cases. The reason for this two-part answer is the distinction trademark law draws between "identity" and "similarity".
For a long time two approaches co-existed in Europe. Under the first, a black-and-white mark covered all colors and color combinations. Under the second, a mark was protected only as registered, so a black-and-white application protected the black-and-white sign. Because different offices followed different approaches, applicants filing in several countries faced unpredictable outcomes.
The approach the EU offices agreed on in 2014 charted a path between the two: as a rule, a black-and-white mark is not identical to the same mark in color, but the fact that the two are not identical does not prevent them from being similar. A colored use in which the word and figurative elements stay the same can still be a strong candidate in a likelihood-of-confusion assessment against the black-and-white registration. In short, a difference in color usually changes not the outcome but the route to it.
What Does the 2014 EU Common Practice Say?
As part of the convergence program run within the European Trade Mark and Design Network, the EU intellectual property offices announced a common practice on the scope of protection of black-and-white and grayscale marks in a Common Communication dated April 15, 2014. The practice answers three questions and rests on one definition: an insignificant difference is a difference that a reasonably observant consumer will perceive only upon side-by-side examination of the marks.
Priority: is the first filing the same as the later filing?
A black-and-white mark from which priority is claimed is not identical to the same mark in color unless the differences in color are insignificant. Since priority is granted for the same mark, filing a later application in color on the basis of a black-and-white first filing may lead to the priority claim being rejected by offices that follow this approach.
Relative grounds: an earlier black-and-white mark vs a colored application
As a rule, an earlier black-and-white mark is not identical to the same mark in color; identity is accepted only in the exceptional cases where the differences are insignificant. The communication states expressly that a finding of non-identity is without prejudice to a possible similarity and likelihood of confusion.
Use: does use in color count as use of the registered mark?
A change only in color does not alter the distinctive character of the mark as long as the following four conditions are all met; the same principle applies to marks registered in color and used in black and white:
- The word and figurative elements coincide and are the main distinctive elements of the mark.
- The contrast of shades is respected.
- The color or combination of colors does not possess distinctive character in itself.
- Color is not one of the main contributors to the overall distinctiveness of the mark.
The communication leaves out of scope the similarity between colors, infringement disputes, distinctiveness acquired through use and marks consisting of color alone. Even within Europe there is no single rule: the Swedish, Danish and Norwegian offices stated that they could not adopt the practice because of national legal constraints under which black-and-white marks also extend to colored versions (Norway only as regards the likelihood-of-confusion part).
What Is the Position in Turkey?
There is no statutory provision in Turkey that addresses the question directly, and it would be wrong to claim that an established rule produces the same result in every case. Turkey does appear on the list of implementing offices in the 2014 communication, marked at the time as one of the offices that did not assess genuine use. Revocation for non-use was also a matter for the courts in that period.
The picture has since changed: as of January 10, 2024, the power to revoke a trademark for non-use lies with TÜRKPATENT (Turkish Patent and Trademark Office) (Article 26 SMK). How the Office and the courts treat a difference in color in a given case depends on the overall impression of the sign, the weight of color within the mark and the goods and services concerned. Given this uncertainty, the most robust strategy is to keep the gap between the registered sign and the sign actually used small from the outset.
In practice, this means that even when a logo is registered in black and white, you should keep your evidence of use in a way that shows the range of colors used. Dated invoices, packaging and advertising samples should make visible which colors the logo appears in. If proof of use is requested in a revocation request or an opposition, a consistent file showing that the colored uses are use of the registered mark shortens the argument considerably.
Advantages and Disadvantages of a Color Application
A color application is strong when color is how people recognize the brand; for brands that frequently use their logo in different colors, however, it can become an unnecessary constraint.
When is it an advantage?
If color carries the distinctiveness, a color application strengthens your similarity argument when an imitator copies your color scheme. In addition, for logos where a simple geometric shape becomes distinctive only through a particular color combination, a black-and-white image may be too commonplace and open to an objection for lack of distinctive character (Article 5(1)(b)). For such logos, color is what makes registration possible at all.
When is it a disadvantage?
In a color registration, the colors are part of the sign. Systematically using the mark in other colors, especially where color is one of the main distinctive elements, raises the question of whether that use counts as use of the registered mark. The risk grows for brands with dark and light background versions, palettes that vary across sub-brands or constraints that require single-color printing.
Which Option Is Safer for the Use Requirement?
Under Article 9(1) SMK, a trademark that is not put to genuine use within five years of registration can be revoked; Article 9(2)(a) also treats use of the mark in a form differing in elements that do not alter its distinctive character as use. A change of color is a typical case for this provision. We explain how the rule works in general in our article on the trademark use requirement and the five-year rule; if color does not carry the distinctiveness, changing the color of a registered logo generally causes no problem.
The second condition of the common practice, that the contrast of shades is respected, is often overlooked. A negative (inverted) version of a logo, used dark on light backgrounds and light on dark ones, reverses the contrast and may therefore strain that condition. If the logo is to be registered in black and white, filing the contrast arrangement you use most often and keeping the negative version for secondary uses narrows any future dispute over use.
A practical yardstick for a safe set-up: if your brand's distinctiveness comes from the wording and the figure, a black-and-white registration comfortably carries uses in different colors. If color is the main source of distinctiveness, the colors you use should also appear in the registration. Using a mark after registration in a form that drifts away from the registered version is one of the common trademark registration mistakes. If a change of color comes together with a redesign, the effect of a logo change on the registration should be assessed separately.
Why Does Color Matter When Filing Abroad?
If you plan to expand abroad, the color decision is made in the Turkish application and is hard to correct later. Two mechanisms determine this:
- Priority right: The Paris Convention allows you to claim priority for the same mark in another member country within six months of the first filing; the Turkish counterpart is Article 12 SMK, which likewise requires the same mark. Filing in black and white in Turkey and then claiming priority for a color application abroad may meet a "not the same mark" objection at offices that follow the 2014 common practice. The mechanism is explained in detail in our article on the priority right in trademark registration.
- Madrid System: The mark in an international application must be the same as in the Turkish application or registration on which it is based, and TÜRKPATENT certifies this. According to WIPO's Guide to the Madrid System, if color is claimed in the basic mark, the same claim must appear in the international application; if there is no such claim in the basic mark, the basic mark must be protected in the colors claimed in the international application.
The practical consequence: if you want protection in color in your target markets, file the Turkish application in the same colors or file both versions together.
Which Application Suits Which Type of Mark? A Decision Table
The table below summarizes a starting recommendation for the most common types of logo; the actual decision is refined according to how the mark is used and who the competitors are.
| Type of logo / mark | Recommended filing | Reason |
|---|---|---|
| Logo whose distinctiveness comes from the wording, with colors that may change over time | Black and white | Uses in different colors do not alter the distinctive character |
| Logo recognized by a specific color arrangement | Color (plus black and white if needed) | Color is the element that must be protected against imitation |
| Simple shape + specific color combination | Color | The black-and-white version may lack distinctiveness |
| Multi-color use with dark/light backgrounds and sub-brand palettes | Black and white | A registration in one color scheme may trigger disputes over use across variants |
| Plan for color protection abroad (priority or Madrid) | The same colors in Turkey as well | Priority and Madrid both depend on the same-mark requirement |
| Protecting a color or color sequence on its own | A separate color mark application | A logo application does not protect color on its own |
| Budget covers a single application | The version actually used most | Minimizes the gap between proof of use and the registered image |
The last two rows carry two warnings. Protecting color on its own is not the subject of a logo application; it is a separate and far more demanding type of mark, covered in our article on color, sound and motion trademarks. The way to take the color question off the table entirely is to protect the name separately as a word mark without a logo; a word mark covers use in any typeface and any color.
Does It Make Sense to Register Both Versions?
If color matters to the brand identity but the logo is also used in other colors, the most comprehensive solution is to file the colored and the black-and-white versions separately. Because each application covers only one trademark under Article 11(2) SMK, this means two applications and two sets of fees.
Under TÜRKPATENT's 2026 schedule of trademark fees, the official total for a one-class application, made up of the application fee (item 02.01.01) and the registration fee (02.01.03), is 2,820 + 7,010 = TRY 9,830; two versions in one class come to TRY 19,660. Attorney service fees are not included in these amounts; current amounts should be checked against the TÜRKPATENT fee schedule, because it is updated every year.
A double filing is not always necessary. If color is merely a design choice, a single black-and-white application covers most needs; if color is the core of the identity, a single color application does. If the budget cannot carry two applications at once, file first with the version you actually use most; the second version can be added once the color identity or plans abroad become clear. Monitoring the Bulletin in the meantime for applications with a similar color arrangement limits the risk of waiting.
We cover the other steps of filing in our guide on how to register a logo in Turkey. When searching for similar logos, treat color as an element rather than as a filter: a version of the same figure in a different color can also stand in your way; the method is explained in our article on trademark logo searches.
Summary
Key points to remember:
- A black-and-white registration does not automatically cover every color; the colored version may not be "identical", but it can be similar.
- Under the 2014 common practice of the EU offices, a change only in color counts as use of the registered mark when four conditions are met.
- There is no express statutory provision in Turkey; the safest course is to keep the gap between the registered and the used sign small.
- If color is the source of distinctiveness, file in color; if not, black and white comes to the fore; if you plan to go abroad, file in Turkey in the colors you will need there.
- Protecting both versions means two applications; in 2026 the official total for one class is TRY 19,660.
Shall we decide together which version your logo should be filed in?
Send us examples of your logo in color and in black and white through our contact page. Our team, which works with trademark attorneys authorized before TÜRKPATENT, will weigh the role of color in your brand, your plans abroad and the way you use the mark, and recommend which version to file. You can review the scope of our trademark registration service, from filing through to registration, on the service page.
