You’ve got your logo. You love the design. You’re ready to protect it.
Then the trademark application throws you a question you probably weren’t expecting: Should you file your logo in color or black and white?
It sounds like a tiny detail, but it isn’t.
The way you file your logo can affect how much flexibility you have as your branding evolves. And for a growing business, that flexibility can matter.
Here’s what you need to know before you choose.
The Short Answer: Should You Trademark a Logo in Color or Black and White?
For many businesses, filing a logo without claiming color is the more flexible option.
In practice, that usually means submitting a black and white version of the logo and not claiming particular colors as part of the trademark.
Why?
Because you’re asking to register the design without making a particular color scheme part of what defines the mark.
Think of it like protecting the shape of the house instead of the exact paint color on the walls.
That can be useful if your logo is blue today, green during a holiday campaign, and white when it appears against a dark background.
But that doesn’t mean color is never worth protecting. For some brands, color is a big part of what makes the brand recognizable.
That’s where the decision gets more interesting.
What Does a Black and White Logo Trademark Cover?
When you submit a black-and-white drawing and don’t claim color as part of your trademark, you’re essentially telling the U.S. Patent and Trademark Office (USPTO):
The design matters, but the specific colors don’t.
That can give your brand more flexibility to use the logo in different colors without tying the registration itself to one specific color scheme.
For example, imagine your bakery has a logo featuring a hand-drawn cupcake. Your website uses the logo in pink. Your packaging uses it in gold. Your storefront uses a white version against a dark green sign.
If color isn’t a feature of the registered mark, your trademark registration isn’t centered on one of those particular color combinations.
That can be especially helpful for newer businesses whose branding is still evolving.
Your logo might stay the same while your website, packaging, or brand colors change over time.
What Happens If You Trademark Your Logo in Color?
Filing in color works differently.
When color is claimed as part of the trademark, those colors become an actual feature of the mark you’re applying to register.
The USPTO requires a color application to identify the colors being claimed and describe where they appear in the logo.
So if your logo includes a yellow sun above dark blue lettering, for example, your application would identify those colors and explain where they’re used.
That can make sense when the color combination itself is an important part of your brand identity.
The tradeoff is flexibility.
For applications based on current use, the logo shown in your application also needs to line up with how the mark is actually being used. The USPTO calls the real-world example you submit a specimen: basically, proof showing customers encountering your trademark in connection with your products or services.
If your application claims particular colors but your proof of use shows something materially different, you can run into problems.
When Is Trademarking a Logo in Color Worth It?
Color deserves more consideration when customers strongly associate a particular color or color combination with your brand.
Imagine an indie skincare company that has spent years building its identity around coral pink packaging with a distinctive teal logo.
Customers see that combination on its website, boxes, retail displays, social media, and products.
At that point, the colors aren’t just decoration. They may be an important part of how customers recognize the brand.
That’s different from a startup that chose purple for its logo six months ago but might rebrand next year.
Strategic Tip: Ask yourself this: If we changed our brand colors tomorrow, would customers still immediately recognize this logo? If the answer is yes, protecting the design without claiming color may deserve serious consideration. If the colors themselves carry significant brand recognition, talk with a trademark attorney about whether color should be part of your protection strategy.
Can You Trademark Your Logo in Both Color and Black and White?
Potentially, yes.
A business can pursue separate trademark registrations as part of a broader protection strategy.
For example, one application might focus on the logo without claiming color, while another registration strategy could protect a version where specific colors are important features.
But there’s a catch: another application means another filing fee.
USPTO trademark application fees are generally charged per class (basically, a category of goods or services, like clothing or restaurant services). The current base application fee is $350 per class, although additional fees can apply depending on the application. So filing multiple applications can increase your total government filing costs quickly.
That doesn’t mean filing both is a bad idea. It means there should be a business reason for doing it.
A growing national brand with valuable visual assets might make a different decision than a new business working with a limited legal budget.
Color vs. Black and White Logo Trademark
| Question | No Color Claimed | Specific Colors Claimed |
|---|---|---|
| What are you protecting? | The logo design without making a particular color scheme a feature of the mark | The logo with the listed colors as features of the mark |
| Brand flexibility | Generally more flexibility to change colors | More closely tied to the colors identified in the registration |
| Best fit | Brands that change colors or care most about the logo design | Brands where specific colors are an important part of recognition |
| Proof of use | Focuses on use of substantially the same mark without a color claim | Use needs to support the mark and colors claimed |
| Cost if you want both approaches | Separate applications can mean separate filing fees | Separate applications can mean separate filing fees |
Common Mistakes When Trademarking a Logo
This decision trips up plenty of business owners. Three mistakes are especially worth watching for:
- Filing the exact color version simply because that’s the file you have. The image you upload can have legal consequences. Choose intentionally.
- Assuming your colors will never change. Brands evolve. Think about where you want the business to be three or five years from now, not just how your Instagram feed looks today.
- Protecting only the logo and forgetting the brand name. Your logo and your business or product name can be separate trademark assets. Depending on your situation, protecting the wording itself may be just as important as, or more important than, protecting the logo design.
Not sure which situation fits your brand? That’s exactly the kind of question a free brand protection consultation is for: no pressure, just clarity on what makes sense for you.
Frequently Asked Questions About Logo Trademark Colors
Does a trademark have to be in black and white?
No. The USPTO accepts logo applications where specific colors are claimed as features of the trademark. If you claim color, however, you need to identify the colors and describe where they appear in your logo.
Can I change my logo color after getting a trademark?
You can change how your business uses its branding, but whether a change affects an existing trademark registration depends on what was registered and how significant the change is. This is one reason businesses should think carefully before making color a feature of their trademark application.
Is it better to trademark a logo in color or black and white?
There’s no one-size-fits-all answer. For many businesses, not claiming color provides useful flexibility. But if a particular color combination is a meaningful part of how customers identify your brand, protecting a color version can be worth discussing with a trademark attorney.
Can I trademark multiple versions of my logo?
Yes, businesses can apply to register multiple versions of their branding. Each application comes with its own filing requirements and costs, so the goal shouldn’t be to register every possible variation. The goal is to protect the versions that matter most to the business.
Protect the Logo You’re Building a Business Around
A trademark application isn’t just paperwork. The choices you make when you file can shape how useful that registration is as your business grows.
That’s why the color question deserves more than a quick click on an application form.
At Indie Law, we’ve filed over 2,500 trademarks with a 99.7% success rate, and we help business owners figure out what parts of their brand are worth protecting, built around where the business is headed, not just where it is today.
Book your free brand protection consultation, and let’s figure out the right way to protect your logo.