Should I trademark my logo in color or black and white?

Should I trademark in color or black and white?

Yes, registering a design mark in black-and-white without a color claim (“grayscale”) generally provides broader rights and more flexibility in usage. Without a color claim, the trademark owner is free to use any colors or no colors at all to support the registration.

Should I claim color as a feature of my trademark?

Generally, if the trademark consists of a distinctive design feature, color claim is not generally recommended. … In the first image, color is not claimed as a feature of the mark. For the second, the color(s) red, pink, orange and yellow is/are claimed as a feature of the mark.

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

You assumed that since you made up a word or logo that you own it and trademark registration is unnecessary. Nope. Even if you make up a word, you still need to register it as a trademark to be able to fully protect it and enforce your rights to it.

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Can a color by itself be registered as a trademark?

Note that you cannot “own” a color for all purposes. Federal courts ordinarily hold that a brand can trademark a color only for a discrete use. For example, in 2012, the famous shoemaker Christian Louboutin won a lawsuit over competitor Yves Saint Laurent over the use of red soles on women’s shoes.

Why can you trademark a color?

Trademarking a color simply allows a company to use a particular combination and shade of color in its own industry. Target can’t sue Coca-Cola for using a similar red, because they are not selling competing products.

What colors are trademarked?

Some popular examples of trademark colors include:

  • Green-gold, Qualitex.
  • Tiffany Blue.
  • Target Red.
  • Cadbury Purple.
  • Barbie Pink.
  • Home Depot Orange.
  • T-Mobile Magenta.
  • Wiffle-Ball Yellow.

Are college colors trademarked?

School colors have long served as a way for students, alumni and fans to show allegiance to their schools. … A 2008 Fifth Circuit decision has lent further support to the position that school colors are protectable as trademarks, particularly when they are shown with some indicia pointing to or suggesting the school.

The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.

How do you tell if a logo is copyrighted?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)‘s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

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You certainly don’t have to register the copyright and trademark your company’s name or logo. In the United States, you own the copyright as soon as you put original work on a piece of paper or computer drive, and you win a trademark as soon as you use your name and logo for marketing your business.