Why Choose Black and White for a Design Mark?

In today’s crowded market, a brand’s look can be as important as its name. The style, color, and design elements people see first often shape how they remember and connect with a business. 

These visual details can set one brand apart and help create lasting recognition. Because of this, protecting them has become a key part of building and keeping a strong brand identity.

Melissa Jeda and Holly McFall, hosts of Securing Your Brand with SecureMark Legal, work with businesses to protect, grow, and enforce their brands. They help clients file word marks and design marks, run USPTO searches, and plan the best protection strategies.

They guide clients on filing decisions, protecting brand colors, and ensuring rights are secure when designs are created by agencies, freelancers, or design tools. Together, they bring practical knowledge from years of helping brands safeguard their visual and creative assets.

In this article, you will learn about a design mark and why it matters for your business. You will see when to register it with or without words, how to decide between black-and-white or color filings, and why ownership rights are critical. You will also discover steps to protect your Design over time and keep your brand identity secure as it grows.

What Is a Design Mark?

A design mark is any part of a brand that is more than plain text. It is anything beyond a standard word mark, like a unique font, color, or logo. Adding style, color, or imagery to your brand name becomes a design mark.

Examples of Design Marks

Design marks can include:

• Logos with or without text
• Stylized fonts or unique lettering
• Signature colors such as Tiffany blue or UPS brown
• Shapes or packaging designs like the Coca-Cola bottle
• Distinctive sensory identifiers, such as a scent or taste

Why Protection Matters

Like a word mark, you can protect a design mark through the US Patent and Trademark Office (USPTO). Before filing, it is vital to run a search to confirm the Design is unique. This prevents disputes and helps protect your brand identity.

A design that looks too similar to another, even with changes, can still infringe on rights. For example, flipping the Nike swoosh would not make it yours. The Design must be original and different.

Strategic Registration Choices

You can register the Design alone, the Design with your brand name, or more than one version.

For example, a fly-fishing company might use a logo of a duck wearing a bow tie. They could register the duck by itself and a version with the company name below or beside it. 

This way, the brand is protected no matter how the logo appears. Securing a design mark protects the unique details customers remember and connect with your brand.

Should You Register a Design Mark with or without Words

One key choice when filing a design mark is including your brand name. Leaving the words out gives more freedom. Your Design can be used in different layouts without worrying about where the text fits. This is helpful for marketing, as the logo can appear alone or with words placed elsewhere.

If your Design always includes the brand name in a set style, you may want to file them together. For example, if a logo shows a duck wearing a bow tie with the company name, that combined version can be the registered design mark.

Color, Elements, and Style Variations

You also need to decide what version of your Design to protect. This includes:

• Filing in black and white or in color
• Including certain features or leaving them out
• Registering more than one version if needed

Black and white protection covers the Design’s shape and layout regardless of color. Color protection covers the exact color scheme but allows less flexibility to change it later.

Timing for New Brands

For a new business, starting with the word mark can be better. The company name often stays the same, while the Design might change as the brand develops. Since trademark approval takes 8–12 months, securing the name first reduces risk. If the name faces objections, you can adjust it without losing a logo registration tied to that name.

Once your logo design is final, you can file for the design mark. If both your name and Design are established and you see low risk, filing both simultaneously is possible.

By making these choices early, you protect your brand while keeping the flexibility to update its look as your business grows.

Should You File a Design Mark in Color or Black and White

When you file a design mark, you must decide if it should be in color or black and white. This choice affects how you can use it and how well it will protect your brand in the future.

Why Many Start with Black and White

A black-and-white filing protects the Design’s shape and layout no matter what color you use. This gives you the freedom to:

• Change colors for seasons, events, or promotions
• Match colors to marketing themes without filing again

For new brands, this is often the safer choice. Your colors may change as your style develops.

The Value of Color in Branding

Some colors become so tied to a brand that people recognize them instantly. Examples include Tiffany blue, UPS brown, T-Mobile pink, and Coca-Cola red. These colors help customers identify the brand before they even see the name.

Risks of Registering in Color

If you register in color, your protection only covers that color scheme. If you change the colors and do not file again, you risk losing that coverage. Many companies refresh their logos every three to five years, changing colors or other style elements. Without a new filing, those updates can leave gaps in protection.

A Practical Approach

Many businesses choose to:

1. File in black and white first for flexibility.
2. Once a color is consistent and recognized, file another application for that color.

It is wise to review your Design marks every one to two years. This ensures they still match your brand’s look and keeps your protection strong as your style changes.

Final Tips When Filing a Design Mark

The order in which you file can make a difference. In many cases, it is better to file the word mark first and then the design mark once the logo is complete. This way, your brand name application moves ahead without delays, and both filings may progress together during review.

Stylized Fonts and Originality

The style must be unique if your logo includes your brand name in a stylized font. Common or widely used fonts cannot be registered because they do not create a distinct identity. 

The USPTO will review the Design to confirm its original and not confusingly similar to another mark.

Why Ownership Matters

You must have full rights to your logo before filing. This is especially important when the Design comes from:

1. Marketing agencies or freelance designers: If someone else designs your logo, have a written agreement transferring full rights to you. Without this, the creator keeps the rights under copyright law.
2. Design platforms such as Canva or Adobe: Check the platform’s terms carefully. Some may keep certain rights or limit trademark registration for designs made with their tools.

Protecting Your Rights

Only the legal owner can apply for trademark protection. Confirming ownership before filing avoids disputes and ensures your application is valid. This step also protects your design mark as part of your brand identity for the long term. 

By securing originality and ownership, you strengthen your brand’s legal foundation and reduce the risk of future conflicts.

Conclusion

Protecting a design mark is about securing the unique look and style that people connect with your brand. Each step you take matters. You need to decide if the mark should include your brand name, and whether to file in black and white or color. 

Both options have benefits, so choose based on your brand’s stage and how much flexibility you need. Filing in the right order can help avoid delays. Many businesses start with the word mark, so the brand name is protected while the Design is finalized. 

Once the logo is ready, you can confidently file the design mark. Ensure the Design is original, as common fonts or widely used styles cannot be protected. Ownership is another key part. If a designer, agency, or online tool helped create your logo, you must have written proof that all rights belong to you. 

Without this, you may not have the legal ability to protect it. In the end, securing a design mark strengthens your brand and protects the elements that make it stand out. With careful planning and the right steps, you can keep your brand identity safe, adapt as it grows, and maintain the trust and recognition your customers already have.

FAQs

What is the difference between a design mark and a logo?

A logo is the visual symbol of your brand, while a design mark is the legal protection for that symbol. A design mark can include logos, colors, fonts, or shapes that make your brand stand out.

Can I register a design mark if my brand is not in the US?

Yes, but you will need to apply through the right international process. This may involve filing directly in each country or using systems like the Madrid Protocol.

How long does a design mark registration last?

In the US, a design mark can last indefinitely if you renew it every 10 years and keep using it in business.

Can I register more than one design mark for my brand?

Yes. Many brands protect multiple versions, such as a logo with text, without text, and in different colors.

Can a design mark include sounds or motion?

Yes. Some design marks cover non-visual elements like a jingle, animation, or motion design, as long as they are unique.