When registering trademarks, most new businesses I work with often instinctively focus on protecting a logo. That may be because more work goes into the design and creation of a logo. You hire a graphic designer to make your logo, which often becomes the basis for the look and feel of a website, business cards, and other marketing tools. Logos can often be very distinctive trademarks, too. While registering a logo that incorporates a business name seems like common sense, you can also choose to register the name itself without a logo or design. This blog post discusses the differences between registration of a name versus a trademark logo.
The Standard Character Mark
The U.S. Patent & Trademark Office allows you to register a variety of different types of trademarks. Although you might think that most registered trademarks are logos, that is not the case. Most trademark registrations are just for a word/words that make up the trademark. These “word marks” are registered without a specific font or design. These are called “standard character” marks. Put simply, registration in standard characters means that the registration is not limited to protecting the words in a particular font, size, style, or design.
As you have probably already guessed, this lack of limitations is very helpful and gives the owner of the registration much broader rights. Let’s say that I register the word GIRAFFE without limiting my protection to a particular font or used in a particular design. If someone else starts using that word for a related product or service, then they are infringing on my rights regardless of the font or design that they use with it. Registration of a standard character mark is an attractive option because of the flexibility that it provides.
Registering a Logo Trademark
The registration of a logo trademark (also known as a “design mark”) can be an important part of protecting your brand. Many businesses use logos that do not incorporate any words, such as the famous Target logo or the Nike Swoosh. These designs can be registered by themselves, without any wording, in order to get the broad protections that come with trademark registration. For logo trademarks that incorporate both words and design elements, registration of the logo also protects the design elements. This is important because a registration for just the word portion would not protect the designs. So if your logo incorporates a very unique and distinctive design, then registering it may be a higher priority than in other cases.
Remember that you must use your mark consistently when registering a logo trademark. Making changes to your trademarks after filing a federal trademark application can cause issues. This is especially true for design marks. You only receive protection for the mark that you registered, and this does not include variations. While amendments can be made to your application or registration, any changes to the trademark cannot represent material changes. If you are considering making any such changes, it would be best to consult with a trademark attorney before doing so. An attorney can advise as to whether the Trademark Office would find your changes to be acceptable.
Should I Register My Trademark Logo or Business Name First?
There are several things that you should consider when deciding whether to apply to register your business name or trademark logo. For most businesses, registration of the name itself will be the priority. That is because of the additional flexibility afforded to standard character marks, as discussed above. In addition, many trademark logos are simply stylized versions of the name that just use a particular font, for example. For basic logos like this, you may not receive any significant additional benefits through registration of the logo versus just registering the name itself. If, on the other hand, your logo incorporates unique design elements, you may want to consider registration of the logo in addition to the name itself.
In most cases, since the name is the focus of the brand, it makes sense to start with registration of the name in standard characters. If that application for the name does not face any major issues upon review, you might then choose to file for the trademark logo. Many attorneys will have clients file for both the name and logo in separate applications at the same time. In my opinion, this is usually not the best method, since any rejection received for the name itself (e.g. likelihood of confusion) will probably also be used to reject the trademark logo, as well. Of course, each case has its own considerations, and you should speak with an attorney before making any decisions about filing.
Having Trouble Deciding Between Registering a Trademark Logo or Business Name?
If you are looking into trademark registration, but aren’t sure whether you should apply to register for a trademark logo or a word mark, please feel free to call me at (480) 360-3499, email me at kevin@yourtrademarkattorney.com, or complete the contact form found on this page to schedule your free initial consultation today. I look forward to speaking with you.
