I have filed a trademark with the USPTO in the past few months, and I'm unsure of if I would be committing illegal action based on what I put on the description for my trademark details. What I described for my trademark was that I was claiming gold filled text outlined in black. Now because I claimed it was "gold" and the picture shows a orange colored gold instead of a shiny metallic gold, could I use metallic shiny gold when I choose to label my products for making cards of the trademark for advertisement purposes? Or is it too late from this point and would I be committing some sort of illegal action being I didn't label my trademark claims as "metallic gold"?
closed as off-topic by Ron J., George White, Soren, Robert Cartaino♦ Sep 2 '14 at 16:20
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "This question does not appear to be about patents within the scope defined in the help center." – Ron J., George White, Soren, Robert Cartaino
It shouldn't. even if you didn't label it metallic gold, you should be able to use it if you can prove you are the owner and forgot to specify it. Or see if you can edit your TM.
The trademark is to protect your symbol, not define the limits of whats legal or illegal for your business.
I think you are relatively safe if the only difference is "orange colored gold" vs "metallic gold" color appearance.
If a competitor to your business were to come out with a symbol that was nearly the same as your trademark, except it was slightly orange tinted gold, that would seem to be a pretty clear trademark infringement on your existing trademark.
[Not a lawyer.]