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.

When Rebranding Is Necessary: How to Protect Your New Trademark

While changing a registered trademark is generally inadvisable and legally constrained, the business reality is that companies do rebrand — sometimes for competitive reasons, sometimes to modernize, sometimes in response to litigation. When a rebrand is necessary or strategically appropriate, the process must be managed carefully to maintain trademark protection during and after the transition. Handled incorrectly, a rebrand can leave a company without enforceable trademark rights in either the old mark or the new one.

The USPTO Section 7 Request Process

For changes that the USPTO considers non-material — typically modifications to typeface, color, or other stylistic elements that do not alter the overall commercial impression of the mark — the owner can file a Section 7 Request to amend the registration. The Section 7 Request procedure, available under 37 C.F.R. § 2.173, requires the owner to submit a verified statement describing the change and, where required, specimens showing the mark in actual use in commerce in its amended form.

The key legal standard is whether the proposed change would create a “materially different” commercial impression in the minds of consumers. The USPTO applies a fact-specific analysis. A font change from one sans-serif typeface to another is generally non-material. Adding a design element — a logo graphic, a distinctive visual treatment — to a previously word-only mark typically is material. Changing the color of a mark may or may not be material depending on whether color is a distinctive feature of the existing registration. When in doubt, conservative advice is to treat the change as material and begin the new mark’s registration process from scratch.

Managing the Transition Period

The most dangerous phase of a rebrand is the transition period — the window between when the new mark is adopted in commerce and when it achieves full registration and market recognition. During this period, the owner is simultaneously maintaining residual goodwill in the old mark (which may still appear on existing inventory, packaging, and signage) and building recognition for the new mark. Several legal risks concentrate in this period.

First, if the old mark is still in use alongside the new mark without a clear transition plan, competitors or bad actors may attempt to register marks that are similar to either the old or new mark. Second, licensees who have been authorized to use the old mark may inadvertently (or intentionally) continue using it after the licensed period ends, creating unauthorized use issues. Third, the simultaneous use of two similar marks in the market can create the very consumer confusion that trademark law is designed to prevent.

A proper transition plan should set a clear “sun-down” date for the old mark, coordinate with all licensees about the transition timeline, and launch a coordinated marketing effort to associate the new mark with the existing brand equity. The legal team should file the new trademark application as early as possible — ideally before the new mark is publicly launched — and should pursue registration on an expedited basis where possible.

Protecting the New Mark: Registration Strategy

When beginning the registration process for a new trademark, start with a comprehensive clearance search. A clearance search examines USPTO records, state trademark registers, common law uses, domain registrations, and relevant industry databases for marks that are confusingly similar to the proposed new mark. A thorough clearance search is the single most important investment a company can make before committing to a new brand identity — discovering a conflict after marketing materials are printed and a rebrand is publicly announced is far more costly than discovering it before launch.

After clearance, file the application with the USPTO in all relevant International Classes. For most businesses, this means Class 35 (business services, retail), Class 42 (technology and software), and any product-specific class relevant to the company’s goods. Filing in multiple classes protects against third parties who might attempt to register the same or similar mark in a class the original registrant overlooked.

If the new mark has not yet been used in commerce — as is often the case when a rebrand is still in development — file on an Intent-to-Use (ITU) basis under 15 U.S.C. § 1051(b). An ITU application establishes a priority date as of the filing date, giving the applicant a legally recognized head start over competitors who adopt the same mark later. The applicant has up to three years (with approved extensions) to begin actual use and file a Statement of Use to complete the registration. Contact the trademark attorneys at Revision Legal to begin the clearance and registration process for your new brand.