Types of trademarks include brand names (e.g. NIKE), slogans (e.g. JUST DO IT), and logos or designs (e.g. the Nike Swish symbol).
A logo and a brand name (or slogan) are two separate things in the world of trademarks, and they require two separate applications.
When you register your brand name (or slogan), it’s considered a “word mark” and what you’re protecting is just the name itself, completely separate from any font, coloring, or other styling. In other words, you’re preventing someone from using your name in their business, in any regard.
In contrast, when applying to protect a logo, the primary purpose is to protect the non-verbal elements from being copied by others. The registration for the Starbucks logo, for example, protects the idea of a mermaid inside a green circle, surrounded by stars and a block font.
Logo applications are important for unique designs that you wouldn’t want competitors to copy. However, if there is a budget for only one application, in most cases a word mark is probably a better choice as it provides the broadest possible protection of your brand name.
Why You Should Consider Trademarking Both a Word Mark and a Logo
While it might seem redundant to trademark both a word mark and a logo, doing so offers comprehensive protection for your brand. Each type of trademark covers different aspects of your brand identity, ensuring that both your name and your visual elements are safeguarded against unauthorized use.
Broader Protection: A word mark protects the brand name itself, allowing you to stop others from using your name in any form. A logo trademark, on the other hand, protects the specific design elements that make your brand visually unique. By registering both, you cover all bases, ensuring no one can use your name or copy your visual branding.
Enhanced Brand Recognition: Both your brand name and logo contribute to your brand recognition. Protecting both elements ensures that your brand maintains its integrity and distinctiveness in the marketplace.
Legal Advantages: In case of infringement, having both trademarks can strengthen your legal position. You can pursue legal action against parties that infringe on either the name or the design, providing more avenues for protecting your brand.
Flexibility in Branding: Over time, brands evolve, and their visual identities may change. By having both trademarks, you can maintain protection over your brand name even if you decide to update your logo, or vice versa.
Market Perception: Registering both a word mark and a logo can enhance your brand's credibility. It signals to consumers and competitors alike that you are serious about protecting your brand, which can deter potential infringers and build trust with your audience.
In conclusion, while budget constraints might make it tempting to choose one over the other, investing in both a word mark and a logo trademark provides robust protection and long-term benefits for your brand.