Take, for example, a trademarked logo for a liqueur: a squirrel surrounded by the words “NUTTS ORIGINAL” in a circular design. The company later starts using the logo in a reversed color scheme (white squirrel on a black background), replacing the text with an orange circle. Is this still considered valid trademark use? Trademark authorities ruled that color variations (such as a reversed color scheme or adding colors) do not affect distinctiveness. However, removing the text and replacing it with a mere orange circle? That’s a deal-breaker. Long story short: this is a different logo. Using the new version does not maintain the trademark rights for the old one, which will be canceled. Restyling in progress? Check with one of our legal experts to see if re-registration is necessary to protect your rights.
