If the applicant claims or includes a description of any color as a feature of the mark in the foreign registration, the applicant must claim the same color(s) or describe them in the U.S. application. If the foreign registration includes a color claim or description and also includes black, white, and/or gray that is not claimed as a feature of the mark, the applicant must state that the black/white/gray in the drawing represents background, outlining, shading, and/or transparent areas and is not part of the mark. See 37 C.F.R. §§2.51(c), 2.72(c)(1); TMEP §§807.12(b), 1011.01.

In applications under Trademark Act §44, 15 U.S.C. §1126, the drawing of the mark, including any color claim and description, must match the mark in the foreign registration. See 37 C.F.R. §2.51(c); TMEP §1011.01. An applicant under §44 who is claiming color in the U.S. application must include a statement in the application record that the foreign registration includes a claim of color, unless the foreign registration clearly indicates that color is a feature of the registered mark. This statement will not be included on the U.S. registration certificate.