Cookeville, TN asked in Trademark for Tennessee

Q: Can my logo that is a registered trademark change the background color while still keeping its tradmark

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2 Lawyer Answers
John Martin Hilla
John Martin Hilla
Answered
  • Trademarks Lawyer
  • Livonia, MI

A: If you filed a design mark application with a color specimen and registered it with color, the registration protects that specific design exactly as filed. Changing the color will remove the design or logo from the umbrella of protection offered by the USPTO registration.

This is why, generally, the first design mark application filed is for a black-and-white iteration of the design so that it is protected regardless of the color scheme.

To protect your design with new color scheme, a new Federal USPTO trademark application will need to be filed.

If you require assistance, feel free to contact me at (734) 743-1489. Website link beside my name.

Kevin Christopher
Kevin Christopher
Answered
  • Trademarks Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: See our article here: https://rockridgelaw.com/2018/11/08/if-you-mess-with-your-trademarked-logo-say-in-a-rebrand-will-you-lose-your-trademark-rights/.

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