Home – New Forums Starting your journey The Name Game…. Reply To: The Name Game….

#1215843
JacquiPryor
Member
  • Total posts: 2,344
Up
0
::

Hi Jamie

The short answer is “maybe and it depends” – the longer answer:

If both the word mark and ‘logo’ mark appear available and acceptable I recommend registering BOTH (i.e. two trademarks). Registration of a word mark does not mean the logo is also a registered trademark and vice versa.

Word marks can provide stronger protection in terms of taking steps against infringement in the future if needed. If you register only your Logo mark, and someone uses a similar name but in a very different logo mark it can give them room to argue they’re not likely to be confused and there’s no infringement. If you have a word mark registered and someone uses that (or very similar) for similar activities, much harder for them to argue their mark (even if it’s a logo) is not confusingly similar.

That said, if there is a concern around the word mark (e.g. it’s too ‘generic’ to be accepted initially for trademark registration) then yes, I might recommend the client starts with a distinctive logo mark to help avoid objections.

Feel free to shoot me an email ([email protected]) with some more specific detail if you like Jamie and am happy to advise accordingly.

^^ above is information only and NOT legal advice – every case should be looked at on its own merits… these things don’t typically have a ‘one size fits all’ answer :)