One of the most common questions that clients tend to ask is: “Can I register my name and logo in the same trademark application?” In order to answer this question it is important to note that there are two ways trademark registration can be achieved: 1) A registration of just word(s); or 2) A registration of word(s) with the logo or design you have created for marketing purposes.
Word mark applications, or applications without any logo specifications, are generally preferable because they provide the word(s) you are attempting to protect with broader legal rights. This is because the registration of a word by itself protects the word itself, whereas the registration of a word and logo together only protects the word in the context of the logo.
Moreover, registering your trademark as just words provides you with more flexibility in the future. If you register a trademark as words and a logo today, you are married to that logo for life. This is because there is a legal requirement to “use” a trademark exactly as it is registered. If you register a trademark as a logo, you must always use that exact logo in commerce. If you update the logo and stop using the logo you originally registered as a trademark you will run afoul of this requirement and potentially lose all rights in your trademark. On the other hand, if you register a trademark as just the words, you can use those words in any logo you have now or develop in the future and be in compliance with the “use” requirement.
Granted, there are always situations when filing a trademark as a logo is beneficial (and sometimes it makes sense to make two filings: one for the words and one for the logo). If you have any questions on this issue please give trademark attorney Josh Gerben a call at 1-877-350-6275.
Tags: application for trademark, expedite trademark registration, register a trademark, registering trademarks, trademark attorney