Claiming Color in a Trademark Application
Logos are artistic illustrations that are presented in either color or black/white form. If a trademark applicant wants to trademark the color of a logo, the application must reflect the designated colors.
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Logos are artistic illustrations that are presented in either color or black/white form. If a trademark applicant wants to trademark the color of a logo, the application must reflect the designated colors.
The USPTO has instituted a series of new rules, designed to make the trademark application process more expedient and uniform. These rules officially took effect in February of 2020.
If part of a trademark is distinct but a different part is descriptive/generic, the applicant will need to provide a “Disclaimer” on the non-distinct aspect of the mark.
Geographic trademarks may or may not be permissible depending on a number of considerations. This article will delve a bit deeper into the legal framework of Geographic Trademarks and when/how they may be permissible.
A trademark can last forever, as long as the mark is used in commerce but if a trademark holder no longer uses the trademark, or fails to enforce his/her trademark rights, he may lose his trademark rights.