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Is It Better To Trademark A Name Or Logo?
Are you starting a new company and want to retain the value of your brand and logo? It is possible that filing for federal or state trademark rights is the best option for you. However, we are often questioned if it is better to patent a company’s name or motto, the company’s emblem, or both. The distinctions between these different categories of trademarks are described in this article, as well as the concerns for entrepreneurs involved in trademark security. We also created the fictional corporation ABC, Inc., whose officers are debating trademarking ABC’s name and logo to help explain these words. The company’s emblem features the term “ABC” in a stylized script, as well as other distinctive design elements.
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What is the concept of a trademark?
A trademark prevents a name, phrase, picture, logo, or any combination of words, slogans, images, or logos that link goods to their makers from being used by anyone. As long as the logo you wish to shield is unique, a trademark may take several forms.
The trademark should be recognised as a source symbol by the general public. The Nike swoosh icon is a typical example of a trademark. When you see the label on a pair of sneakers, you know you are looking at a Nike item.
What does a trademark have protection for?
A trademark is used to defend the company’s brand name in the marketplace. To use an analogy from another fashion brand, the Adidas trademark with three white stripes informs customers that the sneakers they are about to purchase were produced and manufactured by Adidas. People can mistakenly believe that a company selling shoes with two white stripes is also selling Adidas shoes. Adidas not only loses money from the transaction, but they still lose customer confidence if the similar-looking sneakers are of worse quality. If the logo features of another business are close enough to mislead customers, the rule states the trademark is infringed. Companies who have a similar trademark must avoid using it.
Who holds the copyright on the logo?
The use of a trademark on goods in commerce establishes trademark ownership. The copyright owner is not always the emblem creator. The logo belongs to the company person who uses it appropriately.
Does the logo meet the requirements for registration?
Hundreds of thousands of trademark proposals are authorised by the Patent Office per year, although not all trademarks are qualified for approval. For eg, trademarks cannot be insulting or deceptive. If the brands are entirely separate, as in the case of Apple Computers and Apple Corps, a record label run by The Beatles, patent applications that are too close to current ones would be rejected. Consumers are likely to be confused by marks that sound identical, say the same thing, or are visually close to each other, but they may not be registered.
What Is the Difference Between Registering a Trademark for a Name and Registering a Trademark for a Logo?
Your company name or logo will be registered as a “normal character label,” which is any mixture of letters and numbers with little regard for type, shape, font, or colour. The rights of a regular character label, according to the US Patent and Trademark Office, “reside in the spelling,” enabling you to “use and defend the mark in every font size, type, or colour.” Standard character marks have the broadest range to privileges to any type of trademark defence, but they do not include unique patterns or colours.
A “Standard Character Mark” protects a business’s name or slogan and grants the exclusive right to use the name/slogan in some manner in conjunction with the types of products and services defined in the document.
A “special type mark,” also known as a “style mark,” is a stylized design that can be recorded. A mixture of stylized lettering, a graphic feature such as an emblem, or both are protected by special type markings. This form of security is suitable for businesses who want to preserve a unique visual aesthetic or signal, however it is minimal. Only the licenced style is covered by special design privileges. You would have to re-file if you wish to alter the template.
The emblem of the company would be protected by a “Design Mark.” This would be a patent filing for the black and white variant of the logo such that all colour variations of the logo are still protected.
Please contact us to learn more about how we can assist you with your trademark.
Which Do I Register as a Trademark?
It is debatable. Brand identification, rather than logo popularity, has a higher monetary benefit. Since logos shift more often than titles, it is normally more practical to file a common character mark to preserve the company’s identity. Standard character marks give you near-complete power of the company name thanks to their broad collection of privileges. Since standard character marks defend the symbol of either font size, shape, or colour, if your logo includes your company’s name, no one else sells the same products or services may duplicate your logo even if you just recorded your standard character mark. If your logo attracts a lot of interest and is easily recognised by customers, or if you are worried about rivals utilising a similar logo, you might suggest trademarking it.
Let us return to ABC, our hypothetical business. ABC’s rivals would be barred from using the word “ABC” (or any confusingly related name) in the same categories of products and services as ABC if ABC was registered as a regular character label. Since the slogan includes the term “ABC,” this defence will apply to the company’s emblem as well. If ABC does not already apply for design mark rights, another organisation would be allowed to create a similar logo using a different term without infringing on ABC’s registered trademark.
I will like to register my name as well as my logo. Should I register them both at the same time or separately?
On their own. While you may apply for trademark rights for both your name and your emblem at the same time, each symbol is treated separately. As a result, each label (your normal character mark and your style mark) has to be applied separately.
How Much Would It Cost To Register?
The cost of filing a trademark claim ranges from £225 to £325 per class and name.
What Is The Process For Obtaining A Trademark?
What a great topic! If you are thinking of filing a trademark, educate yourself on the advantages and procedure, as well as run a trademark approval scan.
