Is it possible to protect a color combination as an industrial design? 

September 25, 2026

The Specialized Chamber for Intellectual Property (SEPI) of the Federal Court of Administrative Justice (TFJA) confirms the possibility of registering color schemes as applied to industrial design products, thus correcting the criteria of the IMPI. 

Mexican registration practice has traditionally followed the false conception that an industrial design drawing must be limited to purely two-dimensional (flat) representations, and that color combinations can only be protected via trademark or copyright registration. 

Nonetheless, a recent ruling by the Specialized Chamber for Intellectual Property of the Federal Court of Administrative Justice (TFJA) has established a precedent providing great practical value — color combinations, shades, proportions, and arrangements applied to products can be registered as an industrial design drawing. This would also apply to representations demonstrating a three-dimensional perspective, which should not be confused with an industrial design model, presented in three dimensions.  

The IMPI denied registration of a toilet flange based on the following arguments: 

1. Given that the drawings depicted volume and a three-dimensional perspective, the IMPI evaluated it as an industrial design model, focusing on the three-dimensional shape. 
2.  The decision found that the design lacked novelty upon comparing it with a prior art reference (Document D1), which consisted of the shape of a flange plate without color or texture. 

In ruling that the IMPI’s decision was null, the TFJA established fundamental doctrinal and technical guidelines regarding design protection in Mexico: 

• An industrial design drawing can comprise a combination of figures, lines, and/or colors as incorporated into the industrial product for ornamental purposes. The aesthetic contribution in this case is precisely the pattern, proportion, and chromatic distribution of color as applied to the product. 

• The Court clarified that the Federal Law for the Protection of Industrial Property (LFPPI) does not require industrial designs to be strictly flat or two-dimensional. The inclusion of three-dimensional perspectives of a product serves purely to define the scope of application of the design, which is in accordance with Article 71. Doing so does not convert the application into an application for an industrial design model. 

• A three-dimensional industrial design model that only addresses the physical shape (the case of Document D1, which lacks color or texture) is not sufficient to negate the novelty of an industrial design based on a combination of colors. Because each design has different scopes, chromatic novelty is maintained when compared with monochromatic prior art, or prior art based solely on form. 

• An expert opinion on industrial design demonstrated that novelty existed and that there was a clear difference between the claimed color scheme and the cited prior art. 

This ruling opens a golden opportunity for companies to invest in the visual and ornamental identity of their products: 

1. Distinctive color combinations as applied to a product’s surface (ranging from connectors and tools to household appliances, packaging, or electronic devices) may find a solid means of protection through industrial design and establish a clear priority date. 
2. It prevents competitors from adopting identical color schemes by arguing that the product’s “shape” is generic or already known in the prior art. 
3. When drafting and defining an industrial design application, it is crucial to specify that the subject matter of protection lies in the ornamental design´s color scheme and arrangement, while also using 3D figures as the framework for the design’s application. 

This decision represents a significant step forward for legal security regarding industrial design registration in Mexico; it reaffirms that color and applied visual aesthetics are fully protectable assets before the IMPI.