Logo vs. Word Trademarks
A trademark containing both a logo and word(s) provides many registration options.
First, you can register a trademark in stylized form to protect its unique form. Stylized form includes font,
color, particular image elements, etc. You could also simply register the trademark in the regular words.
However, registering a trademark in its regular word form will provide the best protection.
This is because registering a mark in its regular word form protects any use of the mark when expressed in relation to
your products and or services. However, if your mark is descriptive or confusingly similar to another
trademark, the approach of registering the regular word form will not work.
Registering a logo only will significantly increase the chances of a successful registration.
This is because a logo is much more likely to be unique and, therefore, distinctive. Generally, a logo trademark
does not afford as much protection as the regular word form. Therefore, it is advisable to first
register the mark as the regular word form. However, if your logo is very unique and successful, you may want
to obtain protection for it as well.
A third option is to register both the regular word form and the logo/stylized representation.
This would afford the broadest protection possible.
Finally, you may generally register your logo under copyright law. Whereas copyright protection
protects to the artistic components of the logo, trademark law protects the commercial use of the logo.
The particularities of damages, length of protection, and the overall bundle of rights provided by copyright
law and trademark law vary and can be complex. If you would like to obtain the most advantageous protection,
you should contact one of our attorneys to address your particular needs.
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