![]() ![]() Although this combined mark doesn’t offer the same degree of protection, it does protect the overall appearance of the mark and it would be likely to bar any subsequent applications which might use the same words for similar goods and services. However, they have registered their logo (which contains the words THE SUPERFOOD COMPANY) as a trademark:Ī word mark would give the strongest protection. In a situation like this, many brand owners choose to apply to register a logo as a trademark to obtain some registered trademark protection for their brands.įor example, The Superfood Company would struggle to register THE SUPERFOOD COMPANY as a word trademark registration because it is descriptive of the nuts, seeds and other healthy food products the company provides. Because they contain words which other traders should not be prevented from using, they can’t be registered. While such names might be useful to convey what the business offers, they are usually not registrable as trademarks as they are not distinctive. But you can more easily prove your right to exclusivity if you have a trademark registration.Ī registered trademark logo can offer brand protection when words can’tīusiness owners often choose words which are descriptive or generic as brand names. You can’t ever predict when a new business might replicate or take inspiration from your logo image, either accidentally or on purpose and it could be detrimental to your brand. The court agreed and consequently, Pandora changed the colour of their logo by introducing tones of red, pink and purple to differentiate the “P” logo. Paypal felt that it was confusingly similar to its own blue shaded double P logo, especially if the two logos appeared side-by-side on phone screens. Here is a good example to emphasise the significance of trademark protection for a logo: Pandora, the American music streaming app, initially used a blue shaded P as their logo. It enables you to take steps to prevent competitors from using confusingly similar or identical trademarks. A trademark registration identifies you (or your business) as the owner of the trademark. Why should you register a trademark logo?Īs with any trademark, registering your logo ensures that you can enjoy exclusivity and protection for your brand. Thank you very much, and if you have any further questions, please feel free to give me a call.Consumers soon associate a brand with its logo and identify the qualities and values of the company that it represents, such as elegance, luxury, quality, reliability, advanced engineering or affordability etc. Therefore, if you just file “Coca-Cola”, the words themselves without any font, without any style, without any other artwork, you will always be able to maintain that registration as long as that is the word you use to identify your product. ![]() So please, just remember, if you file a trademark application ( more here) for your name and your logo combined, such as, let’s say, “Coca-Cola” in that fancy font, and then you ever change your font, you will not be able to renew and maintain that registration. This allows them to use the trademarks like legos, and either put them together or take them apart however they’d like. Therefore, in addition to filing the trademark as the “Nike” and the swoosh, you will see Nike has filed just the word “Nike” and just the swoosh. So, for example, if Nike had filed the trademark “Nike”, and then the swoosh underneath it – so you have “Nike” and then the swoosh underneath it as one application – they would always be required to use that exact orientation with Nike on top and the swoosh underneath, and have them both appear together.Īs we all know, Nike uses these parts differently. If you file a trademark as a name and a logo combined, then you must always use that exact combination on your products or services. Then, if budget allows, we can come back and file a second application for the logo itself. If the words will carry the registration by themselves, meaning they’re unique enough, then it is normally my suggestion to file an application for just the words themselves. I’m Trademark Attorney Josh Gerben and today I’m going to talk a little bit about whether you should file your trademark as a logo or just the words themselves. ![]()
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