Livonia Trademark Attorney Explains When to Include Color in Your Trademark Registration
Should you include color in a trademark registration? The answer depends on how and when you plan to use your mark.
When you file a trademark application with the USPTO, you must submit a specimen. That specimen proves actual use in commerce.
If the specimen shows your logo in color, you have claimed color in your trademark registration—whether you meant to or not.
What Happens When You Claim Color?
Claiming color means that your trademark only protects your logo in that exact color scheme.
You can’t change it later without filing a new application. The USPTO registers the design as shown in the original filing.
This can limit your trademark rights if your brand colors change or if color isn’t essential to your branding.
Livonia Trademark Attorney Tip: Start With Black and White
Our Livonia Trademark Attorney recommends filing your first logo trademark in black and white.
A black-and-white design mark protects the shape and structure of your logo—regardless of how you color it in the future.
You can change colors freely across brochures, websites, product packaging, Amazon listings, or Etsy storefronts.
As long as the design remains the same, your black-and-white registration protects it.
When Should You Include Color in a Trademark Registration?
Only claim color once it becomes essential to your brand identity.
Think of McDonalds’ yellow arches. The color became part of the brand itself through long-term, consistent use.
Claim color only after these steps:
- Register your word mark (business name or slogan).
- File your black-and-white logo design mark.
- Use your colored logo consistently in real commerce.
- Claim color only after it becomes unmistakably linked to your business.
As in comedy, timing is everything.
Understand the Role of a Specimen
Your trademark specimen must show how you actually use the logo in interstate commerce.
That could mean on a product, a website, signage, or a sales platform like Amazon or Etsy.
What matters most? That your mark appears exactly as filed—color and all.
Why Filing Strategy Matters
Filing the wrong way at the wrong time can damage your brand’s legal position.
A Livonia Trademark Attorney helps ensure you don’t limit protection by mistake.
Livonia Trademark Attorney Services from Noble Path Legal
At Noble Path Legal PLLC, we help Livonia businesses protect their brands with smart trademark strategy.
We assist with trademark registration, Office Action responses, monitoring, and renewals.
We know when to include color in a trademark registration—and when to wait.
Get personalized guidance from a Livonia Trademark Attorney today.
Click the “Register Your Trademark” button below to book your consultation and to start your brand protection journey