Trademark - logo or name: 5 things you should know before registering a trademark

The decision of whether to trademark a logo or name is made based on the distinctiveness and distinguishing factor of the words. If the name you intend to register is unique enough, then it is possible to successfully register the words alone. However, the client might not have the budget to file for the name and logo (two separate trademarks). How should you go about deciding which mark to register?

• The first thing we will have to consider is what the logo looks like and if it contains the name you wish to trademark. If it does not contain the name then you are better off registering the name.
• The only time you could consider registering the logo alone is if the name is problematic and may be subject to confusion. The registration of the logo would serve to make your brand stand out and distinctive from other confusing brands.
• The other option would be to petition to get the combination of the logo and name registered as your trademark. It will be cost-efficient in the short-run, especially with cost constraints. After building your business up you should apply to register the name and logo as separate trademarks which will mean you will own the rights to three trademarks i.e the wordmark, the figurative mark and the combination mark.
• If both of your marks are strong and distinctive (and hence registrable), the lawyers at OWN-R advise you to trademark both. This is the ultimate best solution since in doing so, you deter people from using your mark and avoid ambiguous situations.

Sometimes it’s even a smell which identifies products or services of one company from those of its competitors. Moreover, trademarks that are used to identify services are called service marks.

The company name is probably the most common subject of intellectual property protection.

What are the first steps you need to make to register a company name?

A logo is one of the most important branding investments a company can make. It goes without saying that the public is drawn to logos and when they make a good impression on the public it results in increased sales. Trademarking a logo is a necessity for any company that is looking to increase their market reach and create a lasting brand.

Making sure that your logo meets the standards of the Intellectual Property Office (IPO) might require more expertise. Determining similarities to other brands often falls in the grey area of interpretation, and some knowledge of the history of the IPO’s decisions can be useful. So, how does one register a logo?

The fifth thing that is important when it comes to registering a trademark as a logo or name is to seek the counsel of a trademark attorney. Here at OWN-R, our lawyers recommend that it is more prudent to register both the logo and name from the initial stage. The aim of registering both the logo and name is to ensure that you get the best value from your brand.

Failure to register or keep your mark registered can lead to its theft by companies whose only interests are often to take advantage of you by threatening to sue you. This may lead to loss of money and unnecessary waste of time. The best decision you can make is to let us register your name and logo for you while you are concerned with growing your business.