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ARTICLE · 07 DECEMBER 2023

From Logo To No-Go: Understanding The Risks Of Refreshing Branding

Aird & Berlis LLP
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Businesses frequently update and refresh their branding with the aim of maintaining brand recognition while creating a modern look and feel to keep or gain consumer interest.

CanadaIntellectual Property
Amy Grenon
Amy Grenon
Jonathan Marun-Batista
Jonathan Marun-Batista
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Businesses frequently update and refresh their branding with the aim of maintaining brand recognition while creating a modern look and feel to keep or gain consumer interest. While there may be significant marketing advantages to a branding refresh, businesses should take care to ensure that any branding update is done in lockstep with their trademark strategy.

In particular, branding updates may inadvertently expose trademark owners to applications for expungement of registered trademarks for non-use. In some cases, a refreshed logo may be considered an entirely new mark, meaning that the mark as originally registered is not being used at all.

For trademark owners considering branding updates, the relevant questions are: What degree of alteration is permissible under current registrations? When do I need to consider a new trademark registration?

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