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Trademark a Name and Logo: Together or Separate?

Written by: Shannon Moore

Article Overview: Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Now when it comes to filing, a big question is should the name and logo be filed together or separately?

Trademark a Name and Logo: Together or Separate?

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party. Let's assume you've done your due diligence, had comprehensive research conducted and your name and logo are legally available. The next step is filing for a Federal trademark.

Now when it comes to filing, a big question is should the name and logo be filed together or separately?

This decision is going to depend on a number of circumstances, as with most things in the trademark world. Let's take some time to go through a few different scenarios:

1) Your comprehensive trademark research on the logo shows that it is legally available whereas the trademark research on the name shows a similar, not the same, name within a related, not the same, industry. Your trademark attorney may then advise you to file the name and logo together to ensure registration.

2) In showing your mark (e.g. advertising, web site, tags or labels, etc.), the logo is ALWAYS shown with the name but the name is sometimes shown without the logo. In this case, you may want to file two applications - the name and logo together AND the name alone.

3) The logo you're using is the crux of your brand and the name you're using is entirely descriptive of your goods/services. You may want to trademark your logo only OR trademark your logo alone AND trademark the name & logo together.

An important thing to keep in mind regardless of your particular situation is that whatever is filed with the USPTO is exactly how you should be using the mark. The USPTO wants to see your mark as you present it to your customers.

Related Articles
  Copyright a Logo
  Trademarks – What You Ought to Know
  What is a Trademark?
  Trademark vs. Service Mark
  ® vs. ™

Article Tags: amp, circumstances, comprehensive research, crux, due diligence, federal trademark, grants, labels, logos, registering a trademark, scenarios, slogans, trademark attorney, trademark research, trademark world, uspto



Related Forum Posts
Re: Inspiration for Logos - [quote:n4xowjxl]When you want a client to think of your Logo may this not be an example of what he thinks. Let its all be positive and with hope of something better coming.[/quote:n4xowjxl] Huh? Can you you say this a different way? I'm confused and curious... cause I like messing around with logos...
Inspiration for Logos - When a Buddhist looks at a Tibetan flag one of the first thing that pops in their mind is admiration respect. After assimilating that they keep thinking and repression might come next. Living as part of a communist nation may bring lots of feelings. Chastity, prayer, humility all these virtues are all mixed. When you want a client to think of your Logo may this not be an example of what he thinks. Let its all be positive and with hope of something better coming.
Re: About: product production! - [quote="FreshGoods":1yq3rfuo]Most importantly,with all that has been said...when is it absolutely appropriate to patent your idea? Why do people file for patents if it is not necessary? I would really like to know this please. I appreciate your helpful tips a lot! THANKS.[/quote:1yq3rfuo] Hi FreshGoods, Don't forget that you can always patent your product yourself (or even incorporate your company or apply for a trademark or copyright) and without the help of a lawyer. It would save you a lot of money. For instance, if I got my Trademark filed by my lawyer, it would've cost about $1200+. But going through the process myself by simply reading the official brochure only cost about $450 total.
Re: Inspiration for Logos - [quote="RussellWebb":3c1ri7h5][quote:3c1ri7h5]When you want a client to think of your Logo. May this not be an example of what he thinks. Let its all be positive and with hope of something better coming.[/quote:3c1ri7h5] Huh? Can you you say this a different way? I'm confused and curious... cause I like messing around with logos...[/quote:3c1ri7h5] I am simply stating: let your product stand out as a star. Don't let it become as complex, Infernal and a blur image as the state of this extraordinary country. In simple terms, let you not be bound or chained to anything that might affect your project. It’s a very round concept it’s more like a metaphor.
How to protect my trade mark? - What affirmative action can he take, at least commercially, other than to "continue to sell online and in a small number of stores?" What if his means are limited? How much additional burden on the trademark holder, who has already jumped through the hoops of registration and is actually marketing his product, is it fair to place? Trademark registration, to have any value, surely ought to amplify a trademark's holder's ability to defend his/her mark. But if a mark is continually vulnerable to attack from those with deeper pockets, then registration would appear to have little evident or useful purpose, except among like-sized, or similarly endowed entities. But if you mean that he ought to take legal action rather than commercial action, does not the same rule apply: that whoever can pay the most generally will win? How this fosters a healthy public policy environment is difficult to discern. Would not a system of bribery ultimately be more efficient and predictable, if not more honest in the naive sense?


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