Essentially, the answer is “no.” The only real thing that can be changed is the scale of a trademark. But, it must look the same whether it is a half an inch tall or 10 feet tall. And, in truth, you should not WANT to change your trademark since changing it diminishes its functioning as a trademark.
This makes sense when one considers the definition and purpose of trademarks. Trademarks are words, phrases, logos, marks, etc., that uniquely identify the commercial source of a product or service. For trademarks to function in this manner, consumers must see the same trademark over and over again and come to understand that the trademark is a “marker” or signal for the product/service. The consumer association between trademark and product/service is weakened — sometimes significantly — if the trademark is not identical each time they see it.
At minimum, the “trademark effect” is weakened by changing the trademark. For example, a consumer might buy a product and remember the trademark. The consumer then might see the revised trademark and, for a moment, think: “Oh, I remember that trademark. I liked the product. Maybe I will buy it again. But, wait… That trademark is slightly different. Is it the same product?” A revised trademark causes consumer confusion and weakens the “trademark effect.”
Another potential problem is consistency of use. As noted, a trademark has to be used over and over to create the association in the consumer’s mind between the mark and the product/service. So, each time the trademark is used, it must be exactly the same. With a revised trademark, there are now two very similar trademarks. Unless the trademark owner is careful, there is a risk that BOTH trademarks will end up being used creating confusion.
If a trademark owner is no longer “happy” with a trademark, the best solution is to create a new trademark and begin the process of registering a new trademark. Once the new trademark is registered, then the re-branding can begin.
There are some exceptions to the general rule if the changes are “non-material.” The typical list for non-material changes are modifications related to things like font styles, colors, or formatting. But, in practice, it is not so easy. Whether a modification is “material” or not depends on whether the “look” and “impression” of the trademark is noticeable to consumers. For example, maybe going from Arial font to Helvetica font might not be noticeable, but going from Arial to Comic Sans MS will be.
To modify a registered trademark, the owner must file a Trademark Office Section 7 Request form. This form will identify that nature of the change and request an amendment or correction of the registration certificate. When the Section 7 request relates to non-material changes, specimens of use must also be provided. The Trademark Office will notify the trademark owner if the change has been approved.
Contact the Trademark Attorneys at Revision Legal
For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
